We consider whether punitive damages (Civ. Code, § 3294) are recoverable in a personal injury action brought against an intoxicated driver. As will appear, we have concluded that the act of operating a motor vehicle while intoxicated may constitute an act of "malice" under section 3294 if performed under circumstances which disclose a conscious disregard of the probable dangerous consequences.
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TAYLOR v. SUPERIOR COURT
Docket No. L.A. 30940.
24 Cal.3d 890 (1979)
598 P.2d 854
157 Cal. Rptr. 693
CAMERON CHARLES TAYLOR, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CLAIR WILLIAM STILLE, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
August 21, 1979.
August 21, 1979.
Attorney(s) appearing for the Case
Miller, Glassman & Browning, Jerome M. Jackson and Stephen D. Miller for Petitioner.
Robert E. Cartwright, Edward I. Pollock, Leroy Hersh, Stephen I. Zetterberg, Robert G. Beloud, Arne Werchick, William P. Camusi, Ralph Drayton and Leonard Sacks as Amici Curiae on behalf of Petitioner.
Wise & Nelson and Duane H. Timmons for Real Party in Interest.
Supreme Court of California.
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