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A driver with a blood alcohol level of approximately 0.22% rear ends the plaintiff's vehicle so hard it sends it onto adjoining train tracks where

  1. A driver with a blood alcohol level of approximately 0.22% rear ends the plaintiff's vehicle so hard it sends it onto adjoining train tracks where the plaintiff barely escapes before an oncoming train obliterates the vehicle. The plaintiff sustains injuries from the impact and is suing for compensatory and punitive damages. McMahon v. Chryssikos, 218 N.J. Super 571 (N.J. 1986). Should compensatory and punitive damages be allowed? Is intoxication alone enough to warrant punitive damages?

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