Opinion

McElwain v. Georgia-Pacific Corp.

  • 245 Or. 247
  • 421 P.2d 957
  • 1966 Ore. LEXIS 380
Court
Oregon Supreme Court
Filed
Dec 27, 1966
Status
Published
Author
O'Connell
On the bench
McAllister, Perry, Sloan, O'Connell, Goodwin, Denecke, Holman
Cited by
35 cases

recognizing that Oregon courts will sanction “the recovery of punitive damages whenever there [is] evidence of a wrongful act done intentionally, with knowledge that it would cause harm”

How later courts described this case

  • recognizing that Oregon courts will sanction “the recovery of punitive damages whenever there [is] evidence of a wrongful act done intentionally, with knowledge that it would cause harm”
  • punitive damages for intentional discharge of pollutants

Written by the judges who cited it.

The opinion

O’CONNELL, J.,

dissenting.

The only justification for the impostion of punitive damages is to deter wrongful conduct in those circumstances where other legal sanctions are not available to effect deterrence. ① Our air pollution statutes (OES 449.760 to 449.990) contain a variety of sanctions sufficient to provide adequate deterrence. We should not, therefore, apply the doctrine of punitive damages to the present case.

Perry, J., concurs in this opinion.

“* * * Numerous possible theoretical foundations exist for the award of such damages, but by analysis and the process of elimination it has been argued that the only proper basis for exemplary damages is their function as deterrents of wrongful conduct where compensatory damages and criminal sanctions are inadequate to deter such conduct.” Hodel, The Doctrine of Exemplary Damages in Oregon, 44 Or L ¡Rev 175 at 240 (1965).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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