What is the test for recovery of punitive damages in a motor vehicle accident?

Second, permitting recovery of lost punitive damages would violate the public policy against speculative damages. "[D]amages may not be based upon sheer speculation or surmise, and the mere possibility or even probability that damage will result from wrongful conduct does not render it actionable." (In re Easterbrook (1988) 200 Cal.App.3d 1541, 1544, 244 Cal. Rptr. 652, disapproved on other grounds by People v. Romero (1994) 8 Cal.4th 728, 744, fn. 10, 35 Cal.Rptr.2d 270, 883 P.2d 388.) "Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty ...." (Agnew v. Parks (1959) 172 Cal.App.2d 756, 768, 343 P.2d 118.)