R. L. Keeley v. Industrial Accident Commission

SCHAUER, J.,

Dissenting. — The reasoning and conclusions expressed for the District Court of Appeal (when this case was before that court) by Presiding Justice Bray and concurred in by Justices Tobriner and Duniway (as reported in (Cal.App.) 5 Cal.Rptr. 600) in my view typify integrity of the juridical process and benefit clarity of the law. I would adopt that court’s opinion and annul the commission’s award of punitive damages.

I use the phrase “award of punitive damages” advisedly. As pointed out in the opinion of the District Court of Appeal (p. 607 [7, 8] of 5 Cal.Rptr.), “Although the…