The deterrence aspect of a punitive damage award in
the drunk driver scenario is significant. The drunk driver cannot discharge in bankruptcy a punitive damage award
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A jury issues an award of punitive dam- ages not merely to deter the tortfeasor from the bad conduct, but also to deter others.
against him. 11 U.S.C. 523 (a) (9) states that a debtor cannot discharge a debt for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxi- cated from using alcohol, a drug, or another substance. In other words, the tortfeasor must pay off an award of
punitive damages and cannot rely upon the bankruptcy code for any relief. The jury’s role in the award of punitive damages cases can
be profound. A jury issues an award of punitive damages not merely to deter the tortfeasor from the bad conduct, but also to deter others. MPJI 10:13. Publication of large verdicts of punitive damages would send a clear message to the community that certain conduct will not, and cannot, be tolerated. n
About the Author
David F. Albright, Jr. (Bennett & Albright, PA) is a gradu- ate of Georgetown University Law Center. He is a member of the American Association for Justice, the Maryland State Bar Association and the Bar Association of Baltimore City. He concentrates in auto tort, general negligence, lead-paint poisoning, medical malpractice, medical products liability, premises liability and products liability law.
56
Trial Reporter
Summer 2008
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