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1994 SESSION

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HB 974 Injuries resulting from driving while intoxicated.

Introduced by: William S. Moore, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Exemplary damages for injuries resulting from driving while intoxicated. Codifies the general rule that exemplary (punitive) damages may be awarded and recovered if the defendant's conduct is found to so willful and wanton as to evidence a conscious disregard for the rights of others. The bill specifies that in cases involving vehicle accidents the willful, wanton conduct of the defendant necessary to support a punitive damages award may be established by evidence of the defendant's intoxication at a B.A.C. of 0.15% at the time of the accident, that his intoxication was a proximate cause of the accident and he knew, before or while he was drinking, that he would be operating a motor vehicle, engine or train.


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