Evan is a Missouri resident and works for "Redthumb" as a landscaper. Redthumb is a landscaping company based out of Chesterfield, Missouri. On a bright, freezing, cloudy day in February, Evan's supervisor directed Evan to Moody Park in Fairview Heights, Illinois. Once there, he was required to plant a row of trees along a property line between the park and some newly developed residential homes. The supervisor indicated somebody had professionally surveyed the property line a few days prior. The surveyors had marked the boundary line with large, three-foot-tall orange stakes. Evan arrived at Moody Park and located the orange property line markers. He fired up his skid-steer and started to dig large holes in a reasonably indiscriminate manner. As Evan was digging the holes, a nearby homeowner, who Evan later learned was named Ashley, ran out her house's back door, and began frantically yelling and cursing at Evan. Evan turned off the skid-steer and got out of the cab to talk with Ashley. As he stood there and listened, he realized Ashley was furious that he was digging holes in her backyard, although he thought he was digging holes in the park side of the property, and that she thought Evan was trespassing on her property. Evan, confused by the raw display of anger and vitriol and being pretty sure that he was on park property, did not move. Instead, he yelled back to Ashley that he was on park property and that she was more than welcome to call the cops if she thought he was trespassing. Evan's comments caused Ashley to fly further into a rage. She rapidly approached Evan and came within 12 inches of him without putting on a mask and continued to scream that he needed to leave her property. Evan could feel the spit coming out of her mouth as she screamed at him. Evan, ordinarily pretty level-headed but worried about carrying COVID-19 back to his immune-compromised mother, became enraged. In a moment of anger, he picked up and swung a hammer at Ashley's head. Because Evan's action was unexpected, Ashley had no time to react, and the hammer hit her in the side of the head. The impact caused her to fall unconscious to the ground. At that moment, Ashley's husband came out the back door and saw Evan standing over Ashley's unconscious body. Ashley's husband, Dan, immediately ran to his wife's side. Upon seeing Dan run out, Evan shouted out, "it was an accident; I did not mean to put anyone in fear or hurt anyone!" Evan then ran to his company SUV, parked by the skid-steer, and left the scene at high speeds. As Dan sat by Ashley and consoled her, the police and paramedics arrived and took Ashley to the hospital. While that was happening, the police searched for Evan. However, they were never able to locate Evan. Ashley was released from the hospital after having surgery. A few weeks after the surgery, the hospital handed Ashley a bill for $168,000 for her medical care because she did not have health insurance. Ashley eventually hired an attorney and filed a civil lawsuit against Redthumb in Saint Clair County, Illinois Circuit Court. In her civil case, she alleges that Evan trespassed on her land, damaged her land, and committing assault and battery on her person, causing extensive injury. Ashley demands that Redthumb pay her $168,000 for the hospital bills, all legal fees, $11,000 to fix her property, $75,000 for future medical expenses and lost wages, and $50,000 in punitive damages for failing to supervise Evan properly.

#4. The trial is finally about to get started. Immediately before the jury is brought in, the Judge calls in the lawyers. The Judge indicates he wants to resolve whether Ashley's damage claims are accurate before allowing that information in front of a jury. Ashley's lawyer states the $168,000 hospital bill is accurate and owed to the hospital, her legal fees are $50,000, the she will likely incur $75,000 for future medical expenses and lost wages although the lawyer admits this is just an estimate. The lawyers estimate for punitive damages is based on what the lawyer thinks Ashley might be able to win if they go to a trial. Explain why punitive damages may or may not be appropriate in this case.