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Davis v. Fenerty12/14/2004
ry/punitive damages, the plaintiff must prove that the injuries that form the basis of the lawsuit were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries. Fenerty was intoxicated at the time of the accident. However, Davis failed to prove at trial that Fenerty's intoxication was a cause in fact of Davis' injuries. Dr. Monroe Samuels testified at trial that Fenerty was impaired at the time of the accident. However, he could not say that the alcohol, or Fenerty's impairment by alcohol, was a cause in fact of the accident. Dr. Samuels is an expert in the field of pathology and toxicology. He reviewed the police report and Fenerty's deposition in preparation for his testimony. Therefore, the jury could reasonably have found that Fenerty's intoxication was not a cause in fact of Davis' injuries and, thus, Davis was not entitled to punitive damages. As a result, we find that the trial court abused its discretion by granting judgment notwithstanding the verdict as to this issue and awarding $45,000.00 in punitive damages to Davis. We reinstate the jury verdict regarding this issue and award no punitive damages to Davis.
In accordance with the above, we affirm the trial court's grant of the judgment notwithstanding the verdict in favor of the plaintiff as to the general damage and medical expense awards. We affirm the trial court's awards of $15,000.00 for general damages, $1,000.00 for past medical expenses, and $1,000.00 for future medical expenses. We also amend the trial court's judgment, reinstate the jury's verdict in regards to the issue of punitive damages, and find that Davis is not entitled to punitive damages.
JUDGMENT AMENDED; AS AMENDED, AFFIRMED
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