A defendant's failure to admit facts in pleadings, even where the facts are well-known, will rarely constitute conduct sufficiently improper or unjustifiable to found a claim for exemplary damages; such non-admissions are 'purely technical' and do not demonstrate a contumelious disregard of the plaintiff's rights. Where exemplary damages are sought based on a prior complaint of abuse, detailed evidence of the complaint's terms, circumstances, and the position of the person to whom it was made within the defendant's organisation is essential. Pain and suffering damages of $550,000 were assessed as appropriate for historical sexual abuse involving oral sex and masturbation over two and a half years during teenage years, causing Complex PTSD and depression substantially ameliorated by treatment.
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