475 A.2d 346 | Conn. Super. Ct. | 1983
In this matter, the plaintiff by his complaint of September 10, 1975 claims double or treble damages under the provisions of §
The plaintiff alleged that the defendant operator violated §
Section
Section
As indicated in Eustace v. Adley Express Co.,
In instances where gross and culpable negligence on the part of the defendant is found, exemplary or punitive damages are appropriate for consideration by the trier. Kearns v. Widman,
In this case the evidence before the court is that the defendant smelled of liquor and that he collided with *230 the automobile to the rear of the plaintiff's vehicle with sufficient impact to cause considerable damage and propelled that vehicle into the plaintiff's vehicle causing injuries and damage to the plaintiff. Additionally, the defendant pleaded guilty to reckless driving. The plea of guilty may be considered by the court as an admission by the defendant, but that plea is not totally dispositive of the issue of reckless conduct. It is to be considered with any other evidence as to the defendant's operation of his automobile prior to the collision, there is not sufficient evidence for the court to conclude that the operation of his vehicle was such as to constitute gross negligence with all that that term connotes.
Accordingly, the claim for exemplary damages is denied.