What is the effect of punitive damages in motor vehicle accident cases?

California, United States of America


The following excerpt is from Rosener v. Sears, Roebuck & Co., 110 Cal.App.3d 740, 168 Cal.Rptr. 237 (Cal. App. 1980):

Were it the effect of punitive damages to reasonably punish only the "evil" malefactor, or those "who desire to do harm for the mere satisfaction of doing it" (see Gombos v. Ashe, supra, 158 Cal.App.2d 517, 527, 322 P.2d 933, 939), few would complain of the current rules. But in today's society it is a rare and fortunate person who is not at one time or another exposed to a debatably valid claim of tortious negligence, or contractual breach. In the past, where one was found in such a case to have erred, the actual damages had generally been covered by insurance and even where not, the amount was closely and foreseeably attuned to the claimant's actual monetary injury.

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