Rinaldo v. Mashayekhi
| Decision Date | 09 July 1992 |
| Citation | 185 A.D.2d 435,585 N.Y.S.2d 615 |
| Parties | Elizabeth RINALDO, Respondent, v. D. Kayhon MASHAYEKHI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward C. Fassett Jr., Albany, for appellant.
Eli B. Basch, Kingston, for respondent.
Before WEISS, P.J., and LEVINE, MERCURE, MAHONEY and CASEY, JJ.
Appeal from that part of a judgment of the Supreme Court (Cobb, J.), entered April 17, 1991 in Ulster County, upon a verdict in favor of plaintiff, which awarded plaintiff punitive damages.
This action arose out of an accident that occurred December 3, 1988 on Ulster Avenue in the Town of Ulster, Ulster County, when plaintiff's car was struck in the rear by defendant's vehicle as she waited to make a left-hand turn. Defendant was arrested and convicted of driving while intoxicated (Vehicle and Traffic Law § 1192[3] as a result of the police investigation of the accident. At the conclusion of the trial of this action, the jury awarded plaintiff $70,000 in compensatory damages and $7,500 in punitive damages.
The sole issue on appeal is whether the evidence concerning defendant's conduct was sufficient to support the jury's imposition of punitive damages against him. We find that it was. Punitive damages may be awarded when the defendant's conduct has a high degree of moral culpability (see, Home Ins. Co. v. American Home Prods. Corp., 75 N.Y.2d 196, 203, 551 N.Y.S.2d 481, 550 N.E.2d 930). The conduct need not be intentional and it is sufficient if it is so reckless or wantonly negligent as to be the equivalent of a conscious disregard of the rights of others (see, id., at 203-204, 551 N.Y.S.2d 481, 550 N.E.2d 930; Sweeney v. McCormick, 159 A.D.2d 832, 834, 552 N.Y.S.2d 707).
In Sweeney v. McCormick, supra, we rejected the notion that driving while intoxicated alone is sufficient to justify the imposition of punitive damages. Instead, we adopted a case-by-case approach "taking into account the nature of the actor's conduct and the level of his intoxication" (id., at 834, 552 N.Y.S.2d 707). Here, the evidence at trial and the inferences reasonably to be drawn therefrom could support the following findings by the jury. At the time of the accident, defendant was operating his vehicle with a blood alcohol level of .19%, almost twice the threshold level for driving while intoxicated. By his own admission, he was driving at a speed of 35 to 40 miles per hour in a 30 mile-per-hour speed zone. In a field sobriety test he was unable to complete recital of the alphabet, walk a straight line, stand on one foot or touch his finger to his nose. The accident occurred at 5:30 P.M. on a busy public thoroughfare that was even more...
To continue reading
Request your trial
-
Spring v. Allegany-Limestone Cent. Sch. Dist.
...reckless or wantonly negligent as to be the equivalent of a conscious disregard of the rights of others." Rinaldo v. Mashayekhi, 185 A.D.2d 435, 585 N.Y.S.2d 615 (3d Dep't 1992) (citations omitted). This Court finds that, at this early stage of the case, the allegations satisfy the requirem......
-
Marcoux v. Farm Service and Supplies, Inc.
...of moral culpability.'"' West v. Goodyear Tire & Rubber Co., 973 F.Supp. 385, 387 (S.D.N.Y. 1997) (citing Rinaldo v. Mashayekhi, 185 A.D.2d 435, 585 N.Y.S.2d 615 (3d Dep't 1992)). Indeed, "New York courts have used a variety of phrases to describe the `moral culpability' that will support p......
-
Chiara v. Dernago
...Schragel v. Juszczyk, 43 A.D.3d at 1376, 844 N.Y.S.2d 532 ; Arumugam v. Smith, 277 A.D.2d 979, 716 N.Y.S.2d 518 ; Rinaldo v. Mashayekhi, 185 A.D.2d 435, 436, 585 N.Y.S.2d 615 ), and to help deter future reprehensible conduct (see Ross v. Louise Wise Servs., Inc., 8 N.Y.3d at 489, 836 N.Y.S.......
-
Doe v. Roe
...rights (see, Home Ins. Co. v. American Home Prods. Corp., 75 N.Y.2d 196, 201, 551 N.Y.S.2d 481, 550 N.E.2d 930; Rinaldo v. Mashayekhi, 185 A.D.2d 435, 436, 585 N.Y.S.2d 615; Smith v. Fitzsimmons, 180 A.D.2d 177, 181, 584 N.Y.S.2d 692). Supreme Court determined that, as a matter of law, defe......