Focus (Forum & Focus)
Oct. 3, 2007
Comparing Negligence
Focus Column - By David J. Ozeran - -"Willful misconduct" is an increasingly complex cause of action, but its evolving jurisprudence can be navigated effectively with this guide.
By David J. Ozeran
Causes of action for "willful misconduct" have been popping up with greater frequency in personal-injury actions. A cause of action for willful misconduct can transform an action for ordinary negligence into an action in which punitive damages can be recovered when no other intentional tort is viable. "Simple negligence cannot support an award of punitive damages." Jackson v. Johnson, 5 C...
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