Savage v. Van Marle

Opinion

TAMURA, J.

Defendant appeals from a $1,670,792 judgment for plaintiffs in a personal injury action tried by the court without a jury. In its findings and conclusions, the court determined that defendant was guilty of willful misconduct. Defendant attacks the judgment on two grounds: (1) The finding of willful misconduct was beyond the scope of the pleadings and (2) references by plaintiffs’ counsel during trial to a judgment nondischargeable in bankruptcy constituted prejudicial misconduct.

The pertinent facts are as follows:

Plaintiff, a 19-year-old young man, suffered severe, permanent…