Wise v. Broadway

Harwell, Chief Justice:

This is an automobile collision case. Appellant William H. Wise, Jr. asserts that the trial judge erred in finding that he was not entitled to punitive damages based on testimony that respondent James H. Broadway had violated a traffic law and thus was negligent per se. We reverse and remand for a new trial.

I. FACTS

Early in the morning of September 9, 1988, appellant was driving to work. Respondent was following appellant’s automobile at a distance of three to four car lengths. He was driving a heavy-duty pickup truck with a half-full 140-gallon fuel tank in the back.…