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Bolsta v. Johnson3/4/2004
BAC of 0.156 at the time of processing, and a suspended license resulting from a prior DUI conviction in 1997. While Johnson's conduct can be characterized as negligent or even reckless, there are no special circumstances, such as personal ill will or bad motive, to support a finding of actual malice. Cf. Cooper v. Cooper, 173 Vt. 1, 14-15, 783 A.2d 430, 441 (2001) (upholding punitive damages award in emotional distress claim where there was evidence that defendants breach of fiduciary duty in foreclosure of mortgage was motivated by desire to retaliate against former daughter in law for divorcing their son); Pion v. Bean, 2003 Vt 79, 40, 176 Vt. ----, 833 A.2d 1248 (punitive damages appropriate where defendants harassed adjoining landowners in order to drive them out of their home); Sweet v. Roy, 173 Vt. 418, 445-46, 801 A.2d 694, 714 (2002) (upholding punitive damages award against defendant who engaged in unlawful self help eviction in order to gain ownership of the homes at unreasonable low prices). It was well within the court's discretion to conclude that "[t]he actions of defendant in this case do not constitute the kind of malicious, intentional acts that punitive damages are designed to address."
Affirmed.
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