Summary
holding that defendant's flight from accident scene may not be considered in support of punitive damages because while "it might be considered reprehensible, such conduct did not proximately cause any of the plaintiffs injuries"
Summary of this case from Marcouk v. Farm Service and Supplies, Inc.Opinion
Submitted June 7, 2000.
July 17, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), dated September 27, 1999, which denied his motion for partial summary judgment dismissing the demand for punitive damages.
Kornfeld, Rew, Newman Ellsworth, Suffern, N.Y. (Thomas J. Newman, Jr., of counsel), for appellant.
DeCaro DeCaro, P.C., Purchase, N.Y. (James Makris of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the demand for punitive damages is dismissed.
Punitive damages are available to vindicate a public right only where the actions of the alleged tortfeasor constitute either gross recklessness or intentional, wanton, or malicious conduct aimed at the public generally, or were activated by evil or reprehensible motives (see, Nooger v. Jay-Dee Fast Delivery, 251 A.D.2d 307; Zabas v. Kard, 194 A.D.2d 784). Evidence that a defendant was driving while intoxicated is insufficient by itself to justify the imposition of punitive damages (see, Taylor v. Dyer, 190 A.D.2d 902; Rinaldo v. Mashayekhi, 185 A.D.2d 435; Sweeny v. McCormick, 159 A.D.2d 832). While the defendant's flight from the scene of the accident might be considered reprehensible, such conduct did not proximately cause any of the plaintiff's injuries (see, Taylor v. Dyer, supra). Thus, the defendant was entitled to partial summary judgment dismissing the demand for punitive damages.