Pelican Trucking Co. v. Rossetti

Appellee, Floyd Rossetti, Jr., brought this action in the Circuit Court of Warren County against appellant, Pelican Trucking Company, Inc. (called Pelican). The court gave Rossetti a peremptory instruction on liability, and submitted to the jury both actual and punitive damages.

The principal question is whether the trial court was correct in allowing punitive damages, where the only evidence to support them was that indicating a failure of defendant’s driver to stop after its truck collided with plaintiff’s parked car. We hold it was error to submit this issue, reverse the judgment of $1,500…