Question

In this assignment, you have the opportunity to review a Supreme Court case decision written in...

In this assignment, you have the opportunity to review a Supreme Court case decision written in 1979 that is still good law today and affects everyone who drives an automobile. Use any web browser to look up the above case of Taylor v Superior Court. 24 Cal 3rd indicates that the case is located in volume 24 of the official reports of the Supreme Ct. of California (3rd series) at page 890.

                There the court grappled with an award of punitive damages against an intoxicated driver in favor of another driver injured by the intoxicated driver. Generally punitive damages are only available if the defendant acted with malice, oppression, or fraud. The purpose of punitive damages is to deter the defendant and others from engaging in bad conduct. In general it is only availble for intentional misconduct and not mistakes (negligence). In Taylor, the driver did not intend to hurt anyone, but was negligent driving drunk, causing injury to the plaintiff.

Briefly respond to the question:

What did the court decide about awarding punitive (also called exemplary) damages against a drunk driver who was negligent while driving drunk and caused harm to another?

Homework Answers

Answer #1

Punitive or exemplary damages are generally awarded in cases where the defendant is seen to have caused harm by way of clear, malicious and deliberate intent to cause grave injury. Injuries cased by drunk driving on the other hand is considered as negligent act with no intentional or deliberate action.

In the Taylor vs Superior Court case, the defendant Stille was awarded punitive damages for his drunk driving that caused severe injuries to Taylor. The judges decided this on the basis of history of drunk driving by Stille and on the notion that the defendant was fully aware of the consequences that may happen while driving in the influence of liquor. The judges interpreted this to "intentional or deliberate" action to cause injury since the defendant was fully aware of the consequences and was a repeat offender for drunk driving.  

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