This section contains the nature of the case and procedural background.

Tuttle (P) was seriously injured when the car she was a passenger in was struck by Raymond (D). The force of the impact sheared P’s car in half. Based on the evidence at trial, the jury could have found that D was driving at an excessive speed in a 25-mph zone and that he had gone through a red light just before impact. D conceded liability at trial and focused on the damages to be paid. D asserted that punitive damages should not be recognized and even if they were this case did not generate such an issue. The trial court submitted that issue to the jury. The jury awarded $50,000 in compensatory damages and $22,000 in punitive. D appealed.

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