# Carter v. Spells

> Court of Appeals of Georgia · November 18, 1997 · 229 Ga. App. 441

URL: https://www.frixlaw.com/law-library/cases/9598876

## Case

- **Full name:** CARTER Et Al. v. SPELLS Et Al.
- **Court:** Court of Appeals of Georgia
- **Decided:** November 18, 1997
- **Citations:** 229 Ga. App. 441; 97 Fulton County D. Rep. 4342; 494 S.E.2d 279; 1997 Ga. App. LEXIS 1436
- **Precedential status:** Published
- **Opinion:** Dissent by McMurray
- **Judges:** Beasley, Andrews, Birdsong, Banke, McMurray, Ruffin, Eldridge
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9598876

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9598876. Public record. Not legal advice.