Speculation No Basis For Punitive Damages Claim
The South Dakota Supreme Court upheld an award of attorney’s fees as a result of a frivolous claim for punitive damages in an intersection collision case
On July 25, 2010, Dorothy and Harlan Smizer were traveling to church with their daughter and granddaughter when a vehicle driven by Christina collided with their vehicle at the intersection of 347th Avenue and 294th Street in Gregory County, South Dakota. Christina was traveling west on 294th Street, and the Smizers were traveling south on 347th Avenue. A yield sign on 294th Street controls the intersection, and the speed limit is 65 mph. Christina later explained that prior to the accident she was traveling 45 mph and that she slowed to 35 mph before the intersection. She looked for oncoming traffic and drove through the intersection. But she explained that a cornfield obstructed her view of traffic traveling south. She did not see the Smizers’ vehicle until it was too late. Christina slammed on her brakes to attempt to avoid the accident, but could not stop. Christina’s vehicle struck the Smizers’ vehicle behind the driver’s-side door. The Smizers were seriously injured. Christina was cited for and admitted to a failure to yield in violation of SDCL 32-29-3.
There was no basis for the punitive damages claim
Although counsel for the Smizers asserted that—in originally bringing the claim for punitive damages—he relied on his client’s representation that Christina had a history of failing to yield at that intersection, it became clear during discovery that no witness would actually be able to testify to that fact. Indeed, after discovery, the Smizers only alleged that a witness might say she saw Christina nearly miss an accident at the intersection on a previous occasion. Yet that speculative assertion does not lead to the reasonable inference that a witness observed Christina previously fail to yield at that intersection or that Christina was a driver involved in a near miss at that intersection…
In the court’s view, there was no evidence “whatsoever” to support a claim for punitive damages, and the Smizers should have dismissed the claim when it dismissed their claim for attorney’s fees.
(Mike Frisch)