Virginia Fredericksburg County Automobile Accident VA Fairfax Richmond Alexandria Lawyers Attorneys
Lorenzo Smith v. Samuel I. Reid, Jr.
CIRCUIT COURT OF THE CITY OF FREDERICKSBURG, VIRGINIA
28 Va. Cir. 381
July 28, 1992
His blood alcohol content was in excess of .10 percent; and his "mental judgment and physical reflexes." were "severely impaired by his excessive consumption of alcoholic beverages." In an intoxicated condition, the defendant drove at "an excessive rate of speed." He switched "from lane to lane" and struck the car in which the plaintiff was riding. The defendant has filed a demurrer to the plaintiff's claim for punitive damages set out in the amended motion for judgment.
Issue:
- Whether the circumstances alleged were sufficient to survive a demurrer on punitive damages?
The Court held that "Recovery of punitive damages for personal injuries resulting from an automobile accident is rarely permitted in Virginia. To justify such a recovery, the circumstances must be egregious and the defendant's conduct must be so willful or wanton as to evince a conscious disregard of the rights of others. The circuit courts seem to be unanimous that when considering a demurrer to such a claim, specific egregious and extraordinary facts must be alleged. More is needed than purely conclusory references to "willful and wanton" conduct; in fact, more is needed than allegations of over-consumption of alcohol combined with allegations of conduct that, if proven true, would only amount to simple negligence. Here, the amended motion for judgment clearly and specifically alleges the defendant's intoxication. At the time of the collision, the defendant was driving at an "excessive" speed and changed switched lanes. These are acts which, if proven true, would constitute only simple negligence." Accordingly, the demurrer to the plaintiff's claim for punitive damages in Count II of the amended motion for judgment will be sustained.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
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