affirming summary judgment as to punitive damages for defendant driver, where defendant had history of reckless and violent behavior, was later ticketed twice for speeding and no proof of insurance, but those violations did not relate to or cause the collision at issue
How later courts described this case
- affirming summary judgment as to punitive damages for defendant driver, where defendant had history of reckless and violent behavior, was later ticketed twice for speeding and no proof of insurance, but those violations did not relate to or cause the collision at issue
- collecting 11 Id. at 7. cases
- “Cases which involve the less stringent standards of proof applicable before the effectiveness of OCGA § 51-12-5.1 also relate to aggravated circumstances of driving.”
- collision resulting from a known pattern of dangerous driving
Written by the judges who cited it.
The opinion
McMurray, Presiding Judge,
dissenting. I respectfully dissent from the affirmance of partial summary judgment in favor of defendants as to the plaintiffs Christopher Carter’s and Janet Carter’s claims for punitive damages in their tort action against defendant John Spells, who ran a red light while driving his mother’s vehicle and collided with plaintiffs. I cannot improve upon the cogent dissent of Judge Johnson in Bradford v. Xerox Corp., 216 Ga. App. 83, 84-85 ( 453 SE2d 98 ), and so I adopt the same here. While I do not believe that evidence of defendant John Spells’ violent temper in unrelated matters not involving these plaintiffs is probative of any conscious disregard of the consequences as would support an award of punitive damages for this collision, there is also evidence that, on the night in question, defendant John Spells drove speedily and recklessly out of a parking lot into the street, jumping or hitting the curb as he did so. Also, there is evidence of subsequent speeding tickets. Standing alone, neither of these circumstances is sufficient to prove aggravating or outrageous circumstances. But in combination, they afford, in my view, an adequate “clear and convincing” eviden-tiary basis to authorize the imposition of punitive damages in this case, based on defendant John Spells’ demonstrated wilful and wanton disregard for the rules of the road in a manner directly affecting the safety of other members of the traveling public. Smith v. Tommy Roberts Trucking Co., 209 Ga. App. 826, 828 (2) ( 435 SE2d 54 ). As the propriety of any such exemplary award is for the jury to determine in the first instance, I respectfully dissent.
I am authorized to state that Judge Ruffin and Judge Eldridge join in this dissent.