¶1concurring. I concur in the results reached by the majority. However, I feel as though our holdings in this case and in Bell v. McManus, 294 Ark. 275, 277, 742 S.W.2d 559, 560 (1988), that “in the absence of an award for damages for the underlying cause of action, punitive damages are improper,” are unduly restrictive. It appears obvious to me that underlying causes of action involving crimes against the person such as assault or battery often occur without the victim suffering harm sufficient to justify an award of compensatory damages. Under our present law, the aggrieved party cannot recover punitive damages — absent actual damages — even though subjected to outrageous conduct. I would modify our present position so that if facts are established which, apart from punitive damages, are sufficient to maintain a cause of action for crimes against the person, it is not essential to the recovery of punitive damages that the plaintiff should have suffered any harm, either pecuniary or physical.
¶2In the alternative, if we continue under our present rule, it is high time that we deal honestly with the jury and instruct them that punitive damages cannot be awarded in the absence of an award for damages for the underlying cause of action, and I would urge the drafting of an appropriate model jury instruction to that effect.