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Howard v. Parker9/5/1989
punitive damages issue from the jury. Here the plaintiff relies on the defendant's alleged intoxication as the basis of her punitive damages claim. While we find that intoxication is a factor to be considered in determining whether a punitive damages claim should reach the jury, "we are not disposed to expand [the bases for the recovery of punitive damages] beyond the limits established by authoritative decisions of [our appellate courts]." Craven v. Chambers, 56 N.C. App. 151, 159, 287 S.E.2d 905, 910 (1982), quoting Hinson v. Dawson, 244 N.C. 23, 27, 92 S.E.2d 393, 396 (1956). That task lies solely
within the province of the General Assembly. Consequently, in the absence of additional legislation, we conclude that allegations of intoxication alone are not a sufficient basis to permit a punitive damages claim to be submitted to a jury.
Likewise we are not persuaded that the defendant's intent to turn into the lane of traffic was itself a wanton act. " hough the vast majority of motor vehicular collisions result from intentional turns or acts of one kind or another, only a small percentage of such acts exceed the level of ordinary negligence." Nance v. Robertson, 91 N.C. App. 121, 124, 370 S.E.2d 283, 285, rev. denied, 323 N.C. 477, 373 S.E.2d 865 (1988).
Plaintiff's reliance on Huff v. Chrismon, 68 N.C. App. 525, 315 S.E.2d 711, rev. denied, 311 N.C. 756, 321 S.E.2d 134 (1984), is misplaced. In Huff, the plaintiff sought compensatory and punitive damages for injuries resulting from an automobile collision where the defendant was intoxicated. There the trial court allowed the defendant's Rule 12(b)(6) motion to dismiss. This court reversed, holding that earlier case law was "not inconsistent with the application of the doctrine of punitive damages against impaired drivers in certain situations without regard to the driver's motives or intent." Id. at 531, 315 S.E.2d at 714. However, the court went on to point out that the plaintiff there was never afforded the opportunity "to introduce any evidence regarding the conduct of the defendant including his intoxicated condition." Id. at 532, 315 S.E.2d at 715. In the instant case, the plaintiff has had an opportunity to present evidence to show a basis for her punitive damages claim. However, the evidence presented "at best discloses a breach of defendant's duty to exercise ordinary care." Jarvis v. Sanders, 34 N.C. App. 283, 286, 237 S.E.2d 865, 867 (1977).
King v. Allred, 76 N.A. App. 427, 333 S.E.2d 758, rev. denied, 315 N.C. 184, 337 S.E.2d 857 (1985) is also distinguishable. In King, the court found substantial evidence to warrant submission of a punitive damages issue to the jury. The defendant readily admitted her intoxication on cross-examination and clearly displayed a wanton disposition. She testified:
I could feel the effects of the beer on me as I started driving my automobile out onto the road and down the service road. As I proceeded down the roadway, I was intoxicated
to the extent I was unable to operate my car in a careful and proper manner.
I knew I was drunk before I got into the car. I didn't think about whether I could operate the car safely or not when I got in. I knew I was drunk. Knowing I was drunk, I got behind the wheel of the car.
Id. at 431, <
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