Jackson v. Johnson

We hold that a legal malpractice complaint alleging only simple negligence and a “0 dollars” actual damages verdict cannot support an award of punitive damages.

Factual and Procedural Background

Kinsey Jackson (respondent) began working for Aireo Welding Products on June 1, 1976. He filled and tested gas cylinders. By 1982 he was a lead *1352 man earning $9.85 an hour. In April 1982 respondent was trying to acquire a class I driver’s license to transport hazardous materials. But on June 22, 1982, respondent was terminated by Aireo Welding Products and later that year the company “shut down.”

On about December 23, 1982, respondent’s application to Aireo Industry & Gases (Aireo) for a bulk liquid driver position, paying $12 an hour, was rejected.

On January 6, 1983, respondent filed a discrimination charge with the California Department of Fair Employment & Housing (F.E.H.A.) claiming Airco’s December 23, 1982, rejection of his job application was racially motivated.

On January 20, 1983, respondent withdrew his F.E.H.A. discrimination charge against Aireo.

Around February 1, 1983, respondent and Charles B. Johnson, appellant, met in appellant’s law office. They agreed…

I respectfully dissent. The majority hold the award of punitive damages in this case cannot stand because the pleadings at the time of trial did not allege fraudulent, malicious or oppressive conduct or include a prayer for punitive damages. This holding is undermined by the arguments of counsel at the second scheduled oral argument on this case in which respondent’s counsel explained he made an oral motion during trial to append a prayer for punitive damages to the cause of action for legal malpractice. 1 Although appellant did not recall such a motion in his trial notes, he admitted the trial court “ruled” instructions on punitive damages *1360 would be appropriate based on evidence of oppression presented at trial. It thus appears the trial court allowed an amendment to the complaint during trial to include a prayer for punitive damages based on evidence of oppression presented at trial. In any event, it would seem patently obvious a trial court would not make such a “ruling” sua sponte in the absence of a motion on which to rule. Therefore, it further appears the majority’s holding this case involved nothing more than simple negligence is clearly erroneous.

I further disagree…

WOODS (Fred), J.

We hold that a legal malpractice complaint alleging only simple negligence and a "0 dollars" actual damages verdict cannot support an award of punitive damages.

Kinsey Jackson (respondent) began working for Airco Welding Products on June 1, 1976. He filled and tested gas cylinders. By 1982 he was a lead man earning $9.85 an hour. In April 1982 respondent was trying to acquire a class I driver's license to transport hazardous materials. But on June 22, 1982, respondent was terminated by Airco Welding Products and later that year the company "shut down."

On about December 23, 1982, respondent's application to Airco Industry & Gases (Airco) for a bulk liquid driver position, paying $12 an hour, was rejected.

On January 6, 1983, respondent filed a discrimination charge with the California Department of Fair Employment & Housing (F.E.H.A.) claiming Airco's December 23, 1982, rejection of his job application was racially motivated.

On January 20, 1983, respondent withdrew his F.E.H.A. discrimination charge against Airco.

Around February 1, 1983, respondent and Charles B. Johnson, appellant, met in appellant's law office. They agreed to a retainer of $500.…