Motion to Strike Punitive Damages.
The key authority on the imposition of punitive damages based upon operation of a motor vehicle under the influence of alcohol is Taylor v. Superior Court (1979) 24 Cal.3d 890, 894. The BAJI Civil Jury Instruction for punitive damages for driving while intoxicated is based upon the Taylor opinion.
The elements are: (i) Defendant voluntarily drinks alcoholic beverages to that point of intoxication which sharply impairs defendant's physical and mental faculties; (ii) Defendant knows when the drinking begins that he/she is going to operate a motor vehicle; (iii) Defendant operates a motor vehicle in that intoxicated condition; (iv) Defendant is aware from the outset of the probable consequences of this conduct, and (v) Defendant willfully and deliberately fails to avoid those consequences, acts with conscious disregard for the safety or rights of others. BAJI 14.75.
(i) Defendant voluntarily drinks alcoholic beverages to that point of intoxication which
Hearing Date
November 01, 2016
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Motion to Strike Punitive Damages.
The key authority on the imposition of punitive damages based upon operation of a motor vehicle under the influence of alcohol is Taylor v. Superior Court (1979) 24 Cal.3d 890, 894. The BAJI Civil Jury Instruction for punitive damages for driving while intoxicated is based upon the Taylor opinion.
The elements are: (i) Defendant voluntarily drinks alcoholic beverages to that point of intoxication which sharply impairs defendant's physical and mental faculties; (ii) Defendant knows when the drinking begins that he/she is going to operate a motor vehicle; (iii) Defendant operates a motor vehicle in that intoxicated condition; (iv) Defendant is aware from the outset of the probable consequences of this conduct, and (v) Defendant willfully and deliberately fails to avoid those consequences, acts with conscious disregard for the safety or rights of others. BAJI 14.75.
(i) Defendant voluntarily drinks alcoholic beverages to that point of intoxication which