Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident lawsuit and its proceedings.)
PLAINTIFF HAS SUFFICIENTLY ALLEGED FACTS WHICH ESTABLISH MALICE AND OPPRESSION ON THE PART OF DR. LEE
Plaintiff specifically pled a variety of facts – not conclusions – supporting the allegations of malice and oppression against Dr. Lee.
The following facts pertaining to Dr. Lee’s conduct were pled, providing sufficient basis for punitive damages:
●At said time and place, Defendant Susan Lee, M.D,. was driving the SUBJECT VEHICLE east on University Road. Defendant Susan Lee, M.D., knowingly and intentionally got behind the wheel while fatigued, sleepy, and in an impaired condition, fell asleep while driving and drove the SUBJECT VEHICLE east on University Road and up and onto the raised sidewalk and struck the pedestrian Plaintiff from behind.
●Defendant Susan Lee, M.D., failed to use reasonable care while negligently, and also wantonly and recklessly with malice and oppression, knowingly and intentionally got behind the wheel while fatigued, sleepy and in an impaired condition, fell asleep while driving and drove the SUBJECT VEHICLE east on University Road and up and onto the raised sidewalk and struck the pedestrian Plaintiff from behind. (See Part 4 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.