Nhep v. Roisen

OPINION

SHORT, Judge.

This action is the result of an automobile accident in which respondent Diane Marie Roisen rear-ended a car driven by appellant Sophal Nhep. Appellant argues that the trial court abused its discretion in denying his new trial motion because (1) a driver’s blood alcohol concentration level alone is sufficient to justify submitting the issue of punitive damages to a jury, and (2) evidence of a driver’s intoxication at the time of an accident is more probative than prejudicial despite an admission of liability by the driver. Under the circumstances of this case, we disagree…