Brake v. Harper
Decision Date | 27 May 1970 |
Docket Number | No. 707SC123,707SC123 |
Citation | 174 S.E.2d 74,8 N.C.App. 327 |
Parties | Carolyn B. BRAKE v. Levy HARPER. |
Court | North Carolina Court of Appeals |
Don Evans, Rocky Mount, for plaintiff appellant.
Battle, Winslow, Scott & Wiley, by Robert Spencer, Rocky Mount, for defendant appellee.
The sole question presented by this appeal is whether the court erred in refusing to submit to the jury the issue of punitive damages. Plaintiff candidly states that there is no North Carolina case holding that punitive damages should be allowed when the defendant is operating an automobile while under the influence of alcohol and negligently causes injury to another. In an excellent brief he favors us with decisions from a number of other states which reflect a sharp conflict as to what acts by a defendant may be used to enlarge an award of damages beyond that which will compensate the plaintiff for the injuries suffered. 'Punitive damages are never awarded as compensation, but are awarded above and beyond actual damages in proper instances as punishment inflicted for intentionally wrongful conduct.' 3 Strong, N.C.Index 2d, Damages, § 11, pp. 179, 180. In Hinson v. Dawson, 244 N.C. 23, 92 S.E.2d 393, Justice Bobbitt (now C.J.) discusses the matter of punitive damages as follows:
(Emphasis ours)
The expressed reluctance to expand the doctrine does not, upon a proper showing of wanton conduct, preclude the recovery of punitive damages in an automobile collision case. See Pearce v. Barham, 271 N.C. 285, 156 S.E.2d 290; Plummer v. Henry, 7 N.C.App. 84, 171 S.E.2d 330. Wantonness,...
To continue reading
Request your trial-
Beck v. Carolina Power and Light Co.
...Robinson v. Duszynski, 36 N.C.App. 103, 243 S.E.2d 148 (1978); Siders v. Gibbs, 31 N.C.App. 481, 229 S.E.2d 811 (1976); Brake v. Harper, 8 N.C.App. 327, 174 S.E.2d 74, cert. denied, 276 N.C. 727 (1970); McAdams v. Blue, 3 N.C.App. 169, 164 S.E.2d 490 This principle is well stated by this Co......
-
Berrier v. Thrift
...S.E.2d 914, 918-19, disc. rev. denied, 330 N.C. 193, 412 S.E.2d 53 (1991). On its facts this case is distinguishable from Brake v. Harper, 8 N.C.App. 327, 174 S.E.2d 74, cert. denied, 276 N.C. 727 (1970), in which an investigating officer's opinion about the driver's intoxication was suppor......
-
Huff v. Chrismon, 8323SC350
...our jurisdiction where the issue of punitive damages in an automobile case involving a drinking driver was discussed. In Brake v. Harper, 8 N.C.App. 327, 174 S.E.2d 74, cert. denied, 276 N.C. 727 (1970), Judge Vaughn (now Chief Judge), writing for the Court, concluded that punitive damages ......
- Wachovia Bank & Trust v. AIG Life Ins. Co.