Smith v. Sayles

SHANGLER, Presiding Judge.

The defendant appeals from a judgment for $60,000 actual and $25,000 punitive damages taken by default nihil dicit on the petition of the plaintiff for personal injury from the negligent operation of a motor vehicle.

The petition alleged that the plaintiff Smith was a passenger in the car of defendant Sayles at the time that the defendant carelessly operated the vehicle into a parked car. The assignment of negligence was that the defendant drove while intoxicated, failed to keep a proper lookout and drove in a lane occupied by a parked car. The allegations of damage…