Arizona Jury Awards $800,000 in DUI Rear-End Collision

A driver was rear-ended by another vehicle while stopped at a red light. The other driver, traveling at more than 50 mph, then fled the scene. The plaintiff sustained a cervical strain and sprain, along with traumatic bilateral shoulder bursitis. She later identified the fleeing driver using vanity license plates and a company website. The plaintiff alleged the defendant was driving under the influence and failed to keep a proper lookout.

The plaintiff claimed past medical costs of approximately $8,800 and anticipated future treatment costs of $66,000 for chronic pain syndrome. As a registered nurse, she also sought about $38,600 in lost earnings. The plaintiff filed a lawsuit against the driver, his wife, and his business, asserting claims of negligence and driving under the influence of alcohol.

During discovery, the defendant refused to answer questions about the collision or his whereabouts, and he did not appear at trial, invoking his Fifth Amendment right against self-incrimination. The defendants did not dispute liability but argued that the plaintiff's pain stemmed from a preexisting degenerative cervical disk disease. The court allowed the jury to consider punitive damages due to the violent nature of the collision, observations of the driver bleeding and a beer can in the vehicle, and his flight from the scene. The jury was also permitted to draw a negative inference from the defendant's refusal to testify.

The jury returned a verdict for the plaintiff, awarding $800,000, which included $300,000 in punitive damages. Post-trial motions filed by the defendants for a new trial and judgment as a matter of law concerning punitive damages were subsequently denied.