Smith v. Chapman

OPINION

HOWARD, Chief Judge.

If the evidence shows that the defendant, while under the influence of intoxicants, negligently drove his automobile in such a manner as to be a proximate cause of the collision with the plaintiff’s automobile, is the plaintiff entitled to (1) an instruction on punitive damages and (2) an instruction that contributory negligence is not a defense to gross negligence? The resolution of these issues is determinative of this appeal.

On the evening of October 27, 1972, a two-car collision between Patricia Smith and Ronald Ray Chapman occurred in the vicinity of the Cliff…