This section contains the nature of the case and procedural background.

Taylor (P) was injured in an automobile accident by Stille (D). P alleged that D had 'acted with a conscious disregard' for P's safety. The complaint alleged that D was, and for a substantial period of time had been, an alcoholic 'well aware of the serious nature of his alcoholism' and of his 'tendency, habit, history, practice, proclivity, or inclination to drive a motor vehicle while under the influence of alcohol.' It was also alleged that D was aware of the dangerousness of his driving while intoxicated. D had previously caused a serious automobile accident while under the influence and had been arrested and convicted for drunken driving on numerous prior occasions. At the time of the accident occurred, D was transporting alcoholic beverages, and 'was simultaneously driving while consuming an alcoholic beverage' and was 'under the influence of intoxicants.' D moved to dismiss the claim for punitive damages, which was granted. P then sought a writ of mandate to require the judge to reinstate the claim for punitive damages.

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