Home > News > Litigation Team Thwarts Creation of New Intentional Tort
LITIGATION TEAM THWARTS CREATION OF NEW INTENTIONAL TORT
The Firm's client was sued after his vehicle and a bicyclist collided at an intersection. More specifically, while attempting a right-hand turn, the bicyclist suddenly shot out in front of the client's vehicle. Plaintiff's Second Amended Complaint included causes of action for Intentional Tort and Intentional Infliction of Emotional Distress, seeking recovery of punitive damages against the Firm's client for allegedly leaving the scene of the accident without providing accurate identifying information.
Firm attorney team members Gene B. Sharaga and Daniel R. Stevens successfully defeated plaintiff's causes of action by way of Demurrer and Motion to Strike, which were granted WITHOUT leave to amend, thereby eliminating punitive damage exposure to the client.
The Court held that no International Tort cause of action can exist as a matter of law against an individual who intentionally fails to provide accurate identifying information at an accident scene. The Court reasoned that the Legislature has provided criminal penalties for such behavior, but there is no civil remedy available at law. As to the Intentional Infliction of Emotional Distress cause of action, the Court reasoned that any damages for emotional distress were causally limited to those stemming from the Negligence cause of action.
http://
|
Related Attorney(s):
Gene B. Sharaga
Related Practice Area(s):
General Litigation
|
|
|
 |
 |
 |
LOS ANGELES ORANGE COUNTY VENTURA/OXNARD CENTRAL COAST
BAY AREA SACRAMENTO LAS VEGAS RENO PHOENIX
|
 |
 |
 |
|
| |
