# McElwain v. Georgia-Pacific Corp.

> Oregon Supreme Court · December 27, 1966 · 245 Or. 247

URL: https://www.frixlaw.com/law-library/cases/9616022

## Case

- **Full name:** McELWAIN Et Ux v. GEORGIA-PACIFIC CORPORATION
- **Court:** Oregon Supreme Court
- **Decided:** December 27, 1966
- **Citations:** 245 Or. 247; 421 P.2d 957; 1966 Ore. LEXIS 380
- **Precedential status:** Published
- **Opinion:** Dissent by O'Connell
- **Judges:** McAllister, Perry, Sloan, O'Connell, Goodwin, Denecke, Holman
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9616022

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9616022. Public record. Not legal advice.