Elrod v. G & R Construction Co.

I disagree with that part of the majority opinion which denies to the plaintiff the right to introduce evidence of the driving history of an employee where punitive damages against the employer is an issue. The majority opinion purports to follow the majority view “which allows the plaintiff to proceed on only one theory of recovery in cases where liability has been admitted as to one theory of recovery.” But that does not reach the issue of this case at all. That issue was settled, sensibly, in Kyser v. Porter, 261 Ark. 351, 548 S.W. 2d 128 (1977). Butin Kyser, only compensatory damages were…