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Langlois v. Wolford

Defendant's leaving the scene of the collision and driving under the influence raised a jury issue concerning the imposition of punitive damages.

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On February 7, 1998, while under the influence of alcohol, Jeffery M. Langlois fled the scene of a collision where he side-swiped the vehicle which Shawn T. Wolford was driving, injuring him. At trial the court permitted evidence that Langlois had been drinking immediately after the collision, was in an intoxicated state immediately after the collision at another location, and had a long history of drinking, D. U. I., and other moving traffic violations. Plaintiff had medical specials of $643, and the jury returned a general verdict of $3,500 plus $300,000 in punitive damages. Langlois contends that the trial court erred in not directing a verdict on the punitive damages and in allowing the admission of evidence of his prior drinking, prior traffic offenses, and evidence that he had consumed alcohol after the collision and was intoxicated. The evidence was relevant and material to the aggravating facts and circumstances on the issue of punitive damages and the amount of such damages as well as for liability and impeachment because Langlois contested that he was driving while intoxicated; there being evidence on the issue of punitive damages, the denial of the directed verdict was proper. We affirm.

1. Langlois asserts that the trial court erred in failing to grant his motion for directed verdict on the issue of punitive damages. We do not agree.

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