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G.J.D. v. Johnson6/26/1998
ties on the basis of something as hypothetical and nebulous as general deterrence is illogical and manifestly unjust. The only difference between imposing criminal penalties on the survivors of deceased convicts and the imposition of punitive damages on a deceased tortfeasor's estate is that the tortfeasor's survivors cannot avail themselves of the constitutional protections afforded a convict's survivors. With this decision, this court continues to encourage juries to engage in the "unrestrained venting of their punitive impulses" warned against in Kirkbride v. Lisbon Contractors Inc., 555 A.2d 800, 804 (Pa. 1989)(Flaherty, J. Dissenting).
Therefore, I Dissent.
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