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Olson v. Walker6/27/1989
that he consciously pursued a course of conduct knowing it created a substantial risk of significant harm to others.
In support of the punitive damages award, Olson points to Walker's testimony that he knew that it was dangerous to drive while intoxicated, and that intoxicated drivers create a substantial risk of harm to others. Olson also refers us to the following evidence:
(1) Walker's intoxilyzer test results were .14 and .15 percent one hour after the
accident. An expert toxicologist testified that Walker consumed at least ten beers during the hour he admits he was drinking and that his blood alcohol level would have been at least .155 percent at the time of the accident;
(2) There was testimony that Walker took 20 mg. of Valium 25 minutes before the accident. The Valium and alcohol would have enhanced the effects of each other;
(3) Walker drove recklessly before the accident and caused another driver to take evasive action;
(4) Walker was speeding at the time of the accident;
(5) Walker did not brake or take other evasive action until after he collided with Olson's motorcycle;
(6) Walker attempted to flee the scene and was physically restrained by two bystanders; and
(7) Walker was agitated after he was arrested and stated that he needed more Valium.
Although Olson suggests that a determination of voluntary intoxication is sufficient to warrant a punitive damages instruction, he claims there is abundant additional evidence showing Walker's "evil mind" and the punitive damages award should therefore be affirmed.
Walker, on the other hand, contends that a plaintiff must show more than defendant's voluntary intoxication; he must show that when the defendant got into his car to drive, he either knew he was too intoxicated to drive safely, or that he deliberately became intoxicated knowing he would later drive. Walker points to his own testimony that he did not feel that his driving ability was impaired when he left the bar and that he did not know he might be creating a substantial risk of significant harm to others by driving. There is no evidence, he claims, that he became intoxicated knowing he would later create a substantial risk of harm to others by driving. He points to undisputed testimony that he met with his two companions to discuss business and to relax after work, as opposed to becoming intoxicated, and that one of his companions taught an accounting class after consuming the same amount of alcohol as Walker.
We do not agree with Walker's ultimate conclusion that there was no evidence to support a punitive damages jury instruction. Walker ignores the fact that an evil mind can be inferred by egregious or outrageous conduct. We believe there was sufficient evidence that Walker's conduct was so outrageous that an evil mind could be inferred.
Preliminarily, we note that we are looking beyond the undisputed evidence that Walker was negligent, or even grossly negligent, as he candidly admits. Viewing the evidence most favorably to supporting the verdict, Walker's blood-alcohol level indicated that he drank at least ten beers within the one-hour period he admits he was drinking. This large amount of alcohol in a short period of time supports an inference that he intended to become intoxicated or at least knew that would be the result. In addition, he took 20 mg. of Valium. Even assuming Walker did not know he was intoxicated when he sat behind the wheel of his car, he does not claim he did not know he had been drinking. Between the drinking and the Valium, it can be readily inferred
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