Malice is presumed from acts that are “conceived in the spirit of mischief or of criminal indifference to civil obligation.” Here, the court did not find that the gross negligence of the pharmacists was equivalent of wanton or willful misconduct. Therefore, the court did not award punitive damages to the family of the deceased. This court case highlights that a finding of malice is an essential element of a claim for punitive damages in pharmacy error lawsuits.