TAYLOR V. SUPERIOR COURT
24 Cal.3d 890, 598 P.2d 854, 157 Cal.Rptr. 693 (1979)
NATURE OF THE CASE: This is an appeal for the reinstatement of a claim of punitive
damages. Taylor (P) sought a writ of mandate to review an order from the Superior Court of
Los Angeles County that sustained Stille's (D) demurrer to P's claim for punitive damages
occasioned by D's drunken driving in a personal injury action. P contends that D's conscious
disregard of the risk of drunk driving was sufficient evidence of the malice required by
Cal. Civ. Code 3294.
FACTS: Taylor (P) was injured in an automobile accident by Stille (D). P alleged that D
had 'acted with a conscious disregard' for P's safety. The complaint alleged that D was, and
for a substantial period of time had been, an alcoholic 'well aware of the serious nature of
his alcoholism' and of his 'tendency, habit, history, practice, proclivity, or inclination
to drive a motor vehicle while under the influence of alcohol.' It was also alleged that D
was aware of the dangerousness of his driving while intoxicated. D had previously caused a
serious automobile accident while under the influence, and had been arrested and convicted
for drunken driving on numerous prior occasions. At the time of the accident occurred, D was
transporting alcoholic beverages, and 'was simultaneously driving while consuming an
alcoholic beverage' and was 'under the influence of intoxicants.' D moved to dismiss the
claim for punitive damages, which was granted. P then sought a writ of mandate to require
the judge to reinstate the claim for punitive damages.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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