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CARTER v. SPELLS11/18/1997
g under the influence and in violation of a number of traffic safety laws). Cases which involve the less stringent standards of proof applicable before the effectiveness of OCGA § 51-12-5.1 also relate to aggravated circumstances of driving. See Harrison v. S & B Trucking, 179 Ga. App. 291, 292 (1) (346 S.E.2d 101) (1986) (excessive speeds of tractor-trailer "in conjunction with the other facts," and Moore v. Thompson, 255 Ga. 236, 237 (336 S.E.2d 749) (1985) (DUI in incident and on previous and subsequent occasions).
The Carters failed to demonstrate Spells engaged, that evening and earlier, in behavior connected with his driving which would show a conscious indifference to its consequences. While no one would condone, much less defend, Spells' history of disruptive misdeeds and antisocial behavior, and the purpose of punitive damages for a tort is "to punish" or "penalize" the defendant for the tort committed "or deter" the defendant from future similar acts (OCGA § 51-12-5.1 (c)), the award authorized by the legislature for the tortfeasor's intent, motive, or attitude, as articulated in subsection (b) of the statute, has been construed as that which is related to the tort. It is this orientation
of defendant in connection with the act at issue which aggravates the act's wrongfulness. There is an element of contributing cause involved in the sense that these circumstances surrounding the act worsened the wrongfulness of it even if the aggravating circumstances did not increase the injuries inflicted. Compare Moore v. Thompson, supra, and Cheevers v. Clark, supra, where the drunk driving caused the accidents and other acts of drunk driving showed the defendants continued this forbidden and dangerous activity thereafter. Since Spells' alleged tort occurred as a result of driving a vehicle, the aggravating circumstances would be those related to his driving.
Spells' own testimony is the only evidence of his actions just before the collision. Spells testified he was stopped at the red light when a group of local boys who had earlier challenged him to a fight pulled beside his truck and bumped it with their car. The impact scared him and caused him to release his foot from the clutch, which sent the car into the intersection. Even then, he testified, he thought he could turn right and avoid colliding with Carter's car. Christopher Carter's testimony confirms that just before the collision, Spells' truck was stopped at the red light and a darker vehicle was stopped beside it. A jury should decide whether Spells was negligent, but this evidence does not provide a basis for finding that Spells consciously and deliberately disregarded the interests of others when he entered the intersection. See Cullen, supra.
The Carters point to Spells' testimony that for several hours before the accident, he rode around Valdosta with his girlfriend even though he knew the group of boys wanted to fight him. The Carters contend that, in addition, Spells' history of fights and other disciplinary problems show his propensity toward violence and reckless behavior.
None of this circumstantial evidence overcomes Spells' direct testimony that he did not voluntarily engage in or offer to engage in any fight that night. He consistently testified that, although he did consider accepting the boys' challenge to fight, at his girlfriend's request he attempted to avoid his challengers. At one point he jumped a curb in leaving a bank parking lot after deciding not to get involved. As he left town to take his girlfriend home, the group of boys followed him to the intersection at which the collision occurred. " ircumstantial evidence has no probative value in establishing a fact when such evid
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