Mau

Nature of Case:

Defendant in a negligence action seeks a writ to prohibit the trial court from allowing plaintiff therein to seek punitive damages. We issued an alternative writ and granted hearing.

Background:

Petitioner is a defendant in a negligence action arising from a traffic collision. Petitioner admitted liability for the collision. The case was ready to proceed to trial upon the remaining issues of causation for and the extent of plaintiff’s injuries and damages. While the instant matter was awaiting trial, the California Supreme Court rendered its decision in Taylor v. Superior Court (1979) 24 Cal.3d 890 [ 157 Cal.Rptr. 693 , 598 P.2d 854 ], holding that punitive damages are recoverable against an intoxicated driver causing injury. Relying on the Taylor decision, the trial court herein granted plaintiff’s request to amend her complaint to allege defendant’s intoxication and to include a prayer for punitive damages on the basis that defendant (petitioner herein) was an intoxicated driver at the time of the accident. Petitioner sought writ from this court to prohibit the trial court from allowing the amendment to the complaint and from allowing discovery based…