Nhep v. Roisen

FOLEY, Judge

(concurring specially).

I concur in the result, because of precedent, on the issue of punitive damages. See Morris v. Littler, 399 N.W.2d 673 (Minn.Ct.App.1987); Erickson v. Hinckley Municipal Liquor Store, 373 N.W.2d 318 (Minn.Ct.App.1985). It is my view that the time has come for the legislature to enact appropriate legislation that driving under the influence alone constitutes egregious conduct warranting the submitting of the issue of punitive damages to the jury in automobile accident cases.

In Hawkinson v. Geyer, 352 N.W.2d 784 (Minn.Ct.App.1984), this court observed:

A majority of the states that have addressed this issue support the view that driving while intoxicated is in itself sufficiently reckless or wanton to warrant punitive damages.

Id. at 788 (citation omitted). This court went on to say:

In Roginsky v. Richardson-Merrell, Inc., 378 F.2d' 832, 838 (2nd Cir.1967), the court defended the application of punitive damages to a drunk driver:
From a moral standpoint.there is not too much difference between the driver who heads his car into a plaintiff and the driver who takes the wheel knowing himself to be so drunk that he probably will hit someone and not caring whether he does or not; and it is as important to deter the latter type of conduct as the former.

Hawkinson, 352 N.W.2d at 788.

Here, the offer of proof would establish an alcohol concentration level of .20 after the accident. Morris and Erickson seem to hold that some kind of erratic driving, in addition to being intoxicated, is necessary before the issue of punitive damages is submitted to the jury. I am persuaded that drunk driving alone is sufficient to submit that isspe to the jury. See Roginsky, 378 F.2d at 838. As this court observed in Hawkinson:

Although the Minnesota Legislature has not expressly approved punitive damage awards in cases involving drunk drivers, the recent emphasis in the Legislature on more effective enforcement measures against drunk drivers indicates a commitment to deter such conduct by all possible means.

Id. at 788.

I would recommend that the Minnesota Legislature at its next session review the laws in this area. Punitive damages can be a real deterrent to drunk driving.