Motion Summary Adjudication (MSA) is a pre-trial procedural device that allows a court to determine the merit of a particular cause of action. In a civil case, a Personal Injury Lawyer can allege punitive damages in the original complaint. Once punitive damages are added to a lawsuit, they are typically met with a motion to strike to remove them from the case. If that fails, then the defense will file a motion summary adjudication.
How Punitive Damages are Determined in an MSA
If the defense is granted a motion summary adjudication against alleged punitive damages, the judge assigned to the case will review the facts of the case to see if punitive damages are justified. In order for a judge to award punitive damages there must be clear and convincing evidence that a person, company, or government entity caused significant damage to another person through gross negligence.
Gross negligence is considered a severe form of negligence where someone demonstrates a reckless disregard for the safety of others and shows a conscious disregard for potential harm, going far beyond what would be considered a reasonable standard of care. Examples of gross negligence include:
- A DUI accident
- Consistent failure by an employer to observe critical safety regulations
- Street racing
- Nursing home staff neglecting to feed residents
- A doctor prescribing a medicine that is obviously harmful to one’s physical condition
Proving Punitive Damages in an MSA
Proving negligence or carelessness does not support an award of punitive damages. A plaintiff must prove with clear and convincing evidence that the defendant was:
- Aware of the probable dangers and consequences of their actions
- The defendant willfully and deliberately failed to avoid these consequences
Physical evidence is not needed to prove a defendant acted with an awareness of probable harm to a particular victim. There are certain instances where the awareness to cause injury to another is obvious. An example of this would be drunk driving. Intoxicated drivers can be held liable for punitive damages as it is well known that operating a motor vehicle while under the influence of alcohol or drugs is extremely dangerous.
The Purpose of Punitive Damages
The right to punitive damages is a statutory right. California Civil Code 3294 states a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice.
The purpose of punitive damages is to serve as punishment and deterrence of unacceptable conduct. They are considered the best remedy for protecting individuals from serious negligence. The deterrence justification for punitive damages is meant to achieve two objectives:
- Deter specific defendants from repeating or continuing their offensive behavior
- Deter other potential parties from committing similar offenses
Punitive damages were originally not intended to compensate the plaintiff. However, the plaintiff is the party who receives the reward, so the reality overrides the intention. The goal of the law to punish gross negligence remains the same regardless and the plaintiff is awarded the punitive damages “because there is no one else to receive it,” as stated in Shepherd Components, Inc. v Brice Petrides-Donohue & Assoc.
Get Legal Help in California
Maison Law has years of experience dealing with summary judgement hearings. It is essential to have a skilled team of Personal Injury Lawyers on your side to prevent your case from being dismissed and to protect your right to compensation. Our firm is committed to the cause of justice on your behalf. Get the legal help you need and contact Maison Law today for a confidential, no-cost consultation.
