Johnsen v. Fernald

I agree with the result in this .case only because I think the plaintiffs failure to allege wanton, malicious, or oppressive conduct is dispositive. Munson v. Raudonis, 118 N.H. 474, 479, 387 A.2d 1174, 1177 (1978). However, I believe that this court should have made it clear that had the plaintiffs pleading conformed with the rule in Munson, evidence relating to the defendant’s drunken state at the time of the accident would have been admissible on the issue of enhanced damages, regardless of whether the defendant admitted liability.

Before moving to a discussion of the law and public policy…