AB 459

Under current law, a person injured by a negligent person can recover the

damages resulting from the injury. Damages include economic damages, such as the

injured person's medical costs, and noneconomic damages, such as compensation or

pain and suffering. In addition, under current law, the plaintiff may recover punitive

damages if he or she can prove that the defendant acted maliciously toward the

plaintiff or in an intentional disregard of the rights of the plaintiff. Current law

limits the amount of punitive damages that may be awarded to twice the amount of

any compensatory damages recovered by the plaintiff or $200,000, whichever is

greater. The limitation on damages does not apply if the conduct of the defendant

included the operation of a vehicle, including a motor vehicle, a snowmobile, an

all-terrain vehicle, and a boat, while under the influence of an intoxicant to a degree

that rendered the defendant incapable of safe operation of the vehicle.

The bill eliminates the limitation on the amount of punitive damages that may

be awarded to a plaintiff.