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Automobile, Truck & Motorcycle Accidents

4/20/2009
M. Scott Bucci
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Drunk Driving - Punitive Damages Verdict Upheld

The Rockingham Circuit Court has upheld a jury's verdict in a drunk driving, punitive damages case.  The plaintiff claimed approximately $10,000 in past and future medical bills and the jury returned a verdict of compensatory damages in the amount of $80,000.  Further, the jury returned verdict of $200,000 in punitive damages.  The defendant moved to reduce the jury verdict on the grounds it was excessive.

The court noted that the compensatory damage award was only 8 times the plaintiff's claimed special damages, and as such, did not "shock the conscience" of the court.  Regarding the punitive damage claim, the court noted that the defendant had previously been convicted of multiple DUI incidents, had a .32 BAC level, and showed little remorse for the accident.  As such, the court held that the verdict was not excessive considering the circumstances surrounding the DUI.

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