BEWARE OF IMPLIED MALICE: CONTRACTOR LIABLE FOR PUNITIVE DAMAGES TO INJURED MOTORIST

A contractor's decision not to construct a required protective fence on one side of a highway project was found to be a deliberate act and constituted implied malice by the Supreme Court of Nevada. The minority opinion could find no basis for awarding punitive damages, since the fence was apparently omitted with the state's consent. As a result of the contractor's failure to construct the fence on the side of the highway, a motorist was seriously injured when her vehicle hit a large bull on the highway. Suit was filed against the contractor. The lower court found the contractor liable and awarded punitive damages. This case stands as a warning to contractors as to the vast potential liability they may incur for not strictly adhering to all safety-related items in the contract.

  • Availability:
  • Corporate Authors:

    Associated General Contractors of America

    2300 Wilson Boulevard, Suite 400
    Arlington, VA  United States  22201
  • Authors:
    • Simon, M S
  • Publication Date: 1992-4

Media Info

  • Pagination: p. 75
  • Serial:
    • Constructor
    • Volume: 74
    • Issue Number: 4
    • Publisher: Associated General Contractors of America
    • ISSN: 0162-6191

Subject/Index Terms

Filing Info

  • Accession Number: 00621978
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 31 1992 12:00AM