Medina v. Ferrari

• Decision Date: 03 August 2016
• Docket Number: No. 58207/2014.,58207/2014.
• Citation: 43 N.Y.S.3d 767 (Table)
• Parties: Christina MEDINA, Plaintiff, v. David FERRARI, Jr. and Diane Vingo, Defendants.
• Court: New York Supreme Court

43 N.Y.S.3d 767 (Table)

Christina MEDINA, Plaintiff,
v.
David FERRARI, Jr. and Diane Vingo, Defendants.

No. 58207/2014.

Supreme Court, Westchester County, New York.

Aug. 3, 2016.

Matthew J. McMahon, Esq., McMahon & McCarthy, Bronx, for plaintiff.

Martin Galvin, Esq., Law Offices of Burke, Conway, Loccisano & Dillon, White Plains, for defendants.

TERRY JANE RUDERMAN, J.

The plaintiff commenced this action seeking damages for personal injuries sustained in a rear-end collision which occurred in New Rochelle at approximately 2:00 AM on November 10, 2012.

On the eve of trial, plaintiff now seeks to introduce evidence that the defendant driver Ferrari was inebriated, was convicted of aggravated driving while intoxicated in connection with this and prior incidents, and based upon that evidence, argues that she should be awarded punitive damages. The defendants conceded liability before trial, and now move by Order to Show Cause to preclude any mention at trial of the defendant's present or prior DWI convictions. They argue that the plaintiff did not indicate that she was seeking punitive damages until the eve of trial, and that any such claim would be prejudicial at this late stage. In opposition, plaintiff asserts that she intended to seek punitive damages, and that consequently the defendant's convictions are relevant to the issue of damages. Plaintiff argues that the allegations in the bill of particulars were sufficient to place defendants on notice that punitive damages might be sought.

The complaint, uploaded to NYSCEF on May 14, 2014, does not plead that defendant Ferrari was intoxicated, nor allege that his conduct was "wanton and reckless." Punitive damages are not sought in the complaint. The bill of particulars does, however, allege that the defendant was speeding, that his conduct was "reckless and negligent," and that he was driving under the influence of alcohol. Defendant Ferrari subsequently pleaded guilty to a criminal charge of VTL 1192(2)¹ arising out of the subject accident.

Punitive damages must be supported by allegations of wanton conduct. (Bennett v. State Farm Fire & Cas. Co., 137 AD3d 731[2d Dept.2016] [complaint failed to...