Employer's admission of vicarious liability for the negligence of its employee did not bar claim for punitive damages. Plaintiff failed to present a triable issue of fact with regard to its claim for punitive damages. Retention of driver after four preventable accidents did not constitute malice or oppression where the accidents were not serious. While evidence regarding driver's citation for failing to wear a seat belt raised an issue of lack of fitness, punitive damages were unavailable in the absence of evidence that a managing agent of defendant had "advance knowledge" of the citation.
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