 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Olson v. Walker6/27/1989
award of more than $53,000 against a defendant with an annual income of $22,000, who lived from paycheck to paycheck. Rustin v. Cook, 143 Ariz. 486, 694 P.2d 316 (App.1984). The court concluded that the size of the award was not so excessive as to show passion or prejudice and decided that the court would not interfere with the jury's determination, which had also been approved by the trial court. Id. at 491, 694 P.2d at 321; see also Puz v. McDonald, 140 Ariz. 77, 79, 680 P.2d 213, 215 (App.1984) (an award in excess of the defendant's assets is not sufficient grounds to set it aside).
Turning to this case, evidence was presented concerning Walker's occupation, income, and assets. Presumably, the jury considered this evidence, as well as the evidence regarding Walker's conduct and the strong likelihood that it could (and did) result in serious harm. Taking these factors into consideration, the jury could have concluded that Walker's conduct was so egregious that a large punitive damages award was necessary to punish him. A high award also serves the public by deterring others from similar conduct, a concern of paramount importance, as the problem of intoxicated drivers has grown in recent years.
We cannot agree with Walker's contention that a $100,000 punitive damages award "shocks the conscience." Undeniably, it is a steep punishment not easily absorbed by Walker. However, the purpose of punitive damages -- to punish the wrongdoer and deter others -- would be little furthered by an award easily paid by a defendant. See Hawkins, 152 Ariz. at 497, 733 P.2d at 1080 (" he goals of punishment and deterrence would be circumvented if the financial position of the defendant allowed it to comfortably absorb the award"). The growing public concern and increasing deaths and injuries caused by intoxicated drivers justify an award which will hopefully deter others from similar conduct.
III. CONSTITUTIONAL CONSIDERATIONS
Walker alleges that the punitive damages award must be overturned because it is unconstitutional on three
grounds. In response, Olson suggests that these arguments, first raised in Walker's motion for new trial, are untimely and this court should refuse to consider them. Constitutional arguments, however, may be raised at any time, although it is within the court's discretion whether to consider them. See, e.g., Hawkins, 152 Ariz. at 503, 733 P.2d at 1086 (Arizona Supreme Court declined to consider constitutional questions first raised after oral argument on petition for review, although recognizing that it had the discretion to consider constitutional issues raised for the first time on appeal). In this case, the constitutional questions were considered by the trial court, albeit after trial. These questions were timely raised, and we therefore address them.
A. Due Process
A person may be punished or deprived of property only after due process has been accorded. U.S. Const. amend. V and XIV; Ariz. Const. art. II, § 4; Ingraham v. Wright, 430 U.S. 651, 97 S.Ct. 1401, 51 L.Ed.2d 711 (1977); Large v. Superior Court, 148 Ariz. 229, 235, 714 P.2d 399, 405 (1986). In Arizona, due process requires that " government deprivation of a liberty interest be both substantially related to the purpose it is to serve and not excessive in response to the problem addressed." Large, 148 Ariz. at 236-37, 714 P.2d at 406
Page 1 2 3 4 5 6 7 8 9 10 11 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|