Injured in a car accident, Elaine Felton sued Melissa A.T. (M.A.T.)--the driver of the vehicle that hit her--and asked for punitive damages because the latter had been intoxicated and missed a stop sign. After the Nassau County Supreme Court sided with M.A.T. and dismissed the punitive damages claim, Elaine appealed.
While punitives are usually reserved for "gross recklessness or intentional, wanton or malicious conduct aimed at the public generally," or where a party's actions "were motivated by evil or reprehensible motives," the Appellate Division, Second Department, thought the underlying circumstances hadn't been fully fleshed out and that it was "premature" to determine whether the governing elements of the claim could be established.
Was that was a phantom bump?
To view a copy of the Appellate Division's decision, please use this link: Felton v. Tourtoulis