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Hastings Law Journal

Abstract

This Note examines the applicability of punitive damages to California cases involving intoxicated drivers. Particular attention is paid to the concept of malice as required for the allowance of punitive awards under California Civil Code section 3294, and the adoption of an alternative standard for defining malice under the statute is suggested. The Note concludes that as a matter of public policy, and as a means of deterring intoxicated drivers, punitive damages should be allowed when the facts of a case demonstrate a conscious disregard on the part of the defendant for the safety of others.

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