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Eatmon v. Andrews12/2/2003
prior to the incident. Id. After the crash, the defendant left the scene, and went to a nearby house where he called the police. Id. at 461, 568 S.E.2d at 641. The police picked up defendant and returned him to the scene about twenty-five minutes after the accident. Id. At that time, a state trooper gave defendant an Alco-Sensor test, which indicated defendant's blood-alcohol level was below the legal limit. The test is not a legal screening device, but is simply used to measure any alcohol concentration. Id. The trial court, however, granted summary judgment in defendant's favor on the issue of punitive damages. Despite the test result, this Court reversed, holding that the evidence, taken in the light most favorable to the plaintiff, "could have allowed a jury to possibly recognize and estimate defendant's alleged impairment," sufficiently to justify a finding of gross negligence and an award of punitive damages. Id. at 464, 568 S.E.2d at 643.
Here, as in Byrd, the evidence presented a question for the jury on punitive damages. Defendant caused a collision after consuming two twelve ounce beers and admitted having fled the scene to avoid taking the Breathalyzer. Defendant spent the entire night at a hotel before contacting the police, and as a result no blood alcohol content was ever obtained. Drawing all inferences of fact in plaintiff's favor, the evidence is sufficient to present a jury question on the plaintiff's punitive damages claim. Thus, the court erred in directing a verdict for the defendant.
Reversed in part and judgment vacated in part; remanded for trial on punitive damages.
Judges MCGEE and CALABRIA concur.
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