Webb v. Rivers

In this appeal, we consider whether the trial court erred in striking the plaintiff’s claim for punitive damages.

The plaintiff, Sidney M. Webb, filed his motion for judgment against Jason W. Rivers. The plaintiff alleged that he was injured in an automobile accident and that his injuries were proximately caused by the defendant’s “carelessness, recklessness and negligence.” The plaintiff sought compensatory and punitive damages.

The plaintiff produced the following evidence at a jury trial. On May 3, 1995, the plaintiff was operating a Chevrolet Blazer, and his wife and young daughter were…