Defante v. Big Tuna’s Inc

Kathy Defante and Jorge Morales sued Big Tuna's Inc. and related defendants for violating a drainage easement on their property. After summary judgment was granted on the declaratory judgment count and a bench trial was held on the trespass count, plaintiffs prevailed but received only $1 in nominal damages. Plaintiffs appealed, challenging the circuit court's denial of motions to amend the complaint to add punitive damages and injunctive relief, and challenging the inadequate damages award.

The appellate court affirmed all three rulings. First, the court held that the circuit court properly denied the punitive damages amendment because the evidence established only negligent conduct, which does not support punitive damages under Illinois law. Punitive damages require proof of fraud, actual malice, deliberate violence, oppression, willful conduct, or gross negligence indicating wanton disregard—a higher standard than ordinary negligence. Second, the court held that the injunctive relief amendment was properly denied because the requested relief was largely duplicative of relief already included in the ninth amended complaint or already granted through summary judgment. Third, the court could not review the damages award because the appellate record contained no report of proceedings or evidence from trial, placing the burden on appellants to provide a complete record.

This decision reinforces that amendments seeking punitive damages in negligence cases face a high bar and that appellants must preserve trial records to challenge damages awards on appeal.