Carter v. Spells

Judge Harold R. Banke,

concurring specially.

I concur specially to emphasize that the judicial system should not condone the transformation of ordinary traffic incidents into exercises in the wholesale assassination of defendants’ characters. Nothing in this case evidences the wilful misconduct necessary to sustain a punitive damages award. OCGA § 51-12-5.1 (b). It is undisputed that when Carter first observed Spells’ vehicle, it was stopped at an intersection. Then, when Spells’ vehicle pulled out into Carter’s lane of travel, Carter testified that he was unable to avoid colliding with the…