Justice Francesca Connolly
Driver Berry moved to dismiss Linsalata’s punitive damages claims against him in this action for personal injuries arising from a motor vehicle accident. Linsalata claimed his vehicle was struck in the rear by Berry, noting the force of the impact caused his driver’s seat support struts to snap, and his vehicle was pushed 100 feet past the intersection. As a result of the accident, Linsalata suffered injuries, and lost four months from work. Berry pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Linsalata sought punitive damages based on Berry’s convictions, the severity of the impact and his own injuries, including damage to the vehicle. Berry argued a punitive damages award was inappropriate. The court found no evidence suggesting Berry did anything other than drive directly into Linsalata’s vehicle without braking or using any evasive measures to avoid the collision. It noted Berry’s own deposition testimony, including his admission he consumed at least four drinks before the accident, and had no recollection of it, raised triable issues of fact if his conduct was wantonly negligent or reckless warranting imposition of punitive damages. Thus, summary judgment dismissal was denied.
