§ 1D-5. Definitions. - North Carolina Statutes

§1D‑5.  Definitions.

As used in this Chapter:

(1)        "Claimant"means a party, including a plaintiff, counterclaimant, cross‑claimant, orthird‑party plaintiff, seeking recovery of punitive damages. In a claimfor relief in which a party seeks recovery of punitive damages related toinjury to another person, damage to the property of another person, death ofanother person, or other harm to another person, "claimant" includesany party seeking recovery of punitive damages.

(2)        "Compensatorydamages" includes nominal damages.

(3)        "Defendant"means a party, including a counterdefendant, cross‑defendant, or third‑partydefendant, from whom a claimant seeks relief with respect to punitive damages.

(4)        "Fraud"does not include constructive fraud unless an element of intent is present.

(5)        "Malice"means a sense of personal ill will toward the claimant that activated orincited the defendant to perform the act or undertake the conduct that resultedin harm to the claimant.

(6)        "Punitivedamages" means extracompensatory damages awarded for the purposes setforth in G.S. 1D‑1.

(7)        "Willful orwanton conduct" means the conscious and intentional disregard of andindifference to the rights and safety of others, which the defendant knows orshould know is reasonably likely to result in injury, damage, or other harm."Willful or wanton conduct" means more than gross negligence. (1995,c. 514, s. 1.)