This is a tort case, giving this court jurisdiction under Ark. Sup. Ct. R. 29(l)(o). Jill Walden sued Jerry Honeycutt for injuries sustained in a motor vehicle collision with Honeycutt. The case was tried to a jury and a verdict for the plaintiff was returned for $32,500 in compensatory damages and $12,000 in punitive damages.
Jerry Honeycutt alleges three points for reversal: it was error to submit the issue of punitive damages to the jury; it was error to include element No. 2 of AMI 2201 (the present value of any loss of ability to earn in the future); and it was error to include element No. 5 of AMI 2201 (the present value of expenses reasonably certain to be required in the future). We find that the jury was properly instructed and, accordingly, we affirm the judgment.
I
Jerry Honeycutt argues that punitive damages are not favored in the law and are to be granted only where the defendant’s actions are malicious or oppressive. Diamond Shamrock Corp. v. Phillips,
Honeycutt points out that there was no proof of excessive speed on his part, that he stopped the first passing motorist to call the police and, while tested for intoxication, he registered only .08 on the breathalyzer. In short, he insists that substantial evidence to support the verdict is lacking. Kroger Co. v. Standard,
However, the arresting officer testified concerning sobriety tests he administered to Honeycutt following the collision. He described Honeycutt as “very unstable,” that he “swayed back and forth or to each side,” that he had trouble understanding the directions being given to him and his speech was “very slurred.” The officer said Honeycutt missed his nose entirely in attempting the finger to nose test and was unable to count to ten without jumping from “one to four, two to five, and things of this nature.” There was other proof on the issue which, viewed in its entirety and from its strongest probative force [Shaver v. Vowell,
II
Secondly, Honeycutt contends there was no proof from which the jury could infer that Jill Walden had a loss of ability to earn in the future. Appellant maintains that the case of Duncan v. Foster,
An award of damages for loss of earning capacity is not dependent on specific evidence thereof. Coleman v. Cathey,
Ill
Jerry Honeycutt insists there was no proof that medical expenses were reasonably certain to be incurred in the future and it was error to instruct the jury on that element of damage.
The recovery of future medical expenses does not require the same certainty as the recovery of past medical expenses. Matthews v. Rodgers,
Affirmed.
