Stewart v. Estate of Cooper
Stewart v. Estate of Cooper
Opinion of the Court
Opinion of the Court by
I. INTRODUCTION
This matter presents an issue of first impression. Appellants suffered injuries in an automobile collision caused by a drunken driver, and later filed a lawsuit in which they sought compensatory and punitive damages. The driver, however, died before trial, and upon Appellants’ motion, the trial court substituted the decedent driver’s estate as a party defendant. The trial court then granted the estate’s motion to dismiss Appellant’s punitive damage
II. FACTUAL BACKGROUND
In October, 1992, James Cooper, while driving a vehicle under the influence of alcohol, caused an accident in which Appellants were injured. Appellants filed a lawsuit in Boyd Circuit Court in which they sought both compensatory and punitive damages from James Cooper, but James Cooper died before the case came to trial. However, on Appellants’ motion, the trial court substituted the Estate of James Cooper (“the Estate”), Betty Coomer Cooper, Executrix,
[Wjhen you review the punitive damages statute itself, it says that punitive damages are only to be recovered against a party who has committed either malice or acts of oppression.... [Pjlaintiffs are seeking to recover punitive damages from the Estate of James Cooper, [and] there’s no evidence in the record that the Estate ... did anything that would amount to any kind of behavior that falls within the purview of the punitive damages statute.... So ... the punitive damages claim ... is not recoverable as an element of damages.
Appellants’ remaining damage claims were tried before a jury, and the trial court entered judgment upon a jury’s verdict that found Appellants entitled to compensation for past medical expenses and past pain and suffering, but apportioned to Appellants twenty percent (20%) of the responsibility for their injuries.
Appellants then appealed to the Court of Appeals, and argued that the trial court erred by failing to permit the jury to consider the issue of punitive damages. A divided panel of the Court of Appeals affirmed the trial court’s ruling. We granted Appellants’ Motion for Discretionary Review.
III. ANALYSIS
In their brief to this Court, Appellants argue not only that the trial court
KRS 411.184(2) provides: “A plaintiff shall recover punitive damages only upon proving ... that the defendant from whom such- damages are sought acted toward the plaintiff with oppression, fraud, or malice.”
(d) “Plaintiff’ means any party claiming punitive damages.
(e) “Defendant” means any party against whom punitive damages are sought.
(f) “Punitive damages” includes exemplary damages and means damages, other than compensatory and nominal damages, awarded against a person to punish and to discourage him and others from similar conduct in the future.6
Appellants argue that the Court should hold that KRS 411.184 permits recovery against a deceased tortfeasor’s estate under the circumstances in the case at bar. Specifically, Appellants submit that, in interpreting KRS 411.184, the Court should give primacy to the public policies supporting punitive damage awards. And, Appellants argue that KRS 411.184(1) (f)’s “to discourage him and others from similar conduct in the future” language reflects that the General Assembly has made a policy determination that punitive damage awards deter similarly oppressive, fraudulent, or malicious conduct in the future by individual defendants and society-at-large.
We, however, find KRS 411.184(2) clear on its face and “[wjhere there is no ambiguity in a statute, there is no need to resort to the rules of statutory construction in interpreting it. The words of the
In order to recover punitive damages from the Estate, Appellants had to prove that “the defendant from whom such damages are sought” — i.e., the Estate itself— “acted toward the plaintiff with oppression, fraud or malice.” And, in this case, it is undisputed that Appellants could not produce any evidence that the Estate acted in such a manner. In fact, when James Cooper elected to get behind the wheel of his vehicle after having too much to drink — • i.e., at the time of the conduct upon which Appellants base their claim of punitive damages — the Estate did not even exist; it did not come into being until James Cooper died — over four (4) years after the conduct for which Appellants seek punitive damages. “Under that state of the facts, the trial judge correctly declined to instruct the jury on punitive damages.”
IV. CONCLUSION
For the above reasons, we affirm the decision of the Court of Appeals.
. KRS 411.184(2).
. Although Appellants' original Notice of Appeal correctly identified Betty Coomer Cooper’s capacity as executrix of the Estate, Appellants' Motion for Discretionary Review failed to identify Betty Coomer Cooper’s capacity, and thus the style of the case might appear misleading.
. See Williams v. Wilson, Ky., 972 S.W.2d 260 (1998) (holding that KRS 411.184(1)(c) is unconstitutional as a violation of jural rights to the extent that it changes the common law standard for awarding punitive damages); Wittmer v. Jones, Ky., 864 S.W.2d 885 (1993).
. KRS 418.075(1). See Adventist Health Systems v. Trade, Ky., 880 S.W.2d 539, 542 (1994); Maney v. Mary Chiles Hospital, Ky., 785 S.W.2d 480, 482 (1990) (“It is our view that KRS 418.075 is mandatory and that strict enforcement of the statute will eliminate the procedural uncertainty.”).
. KRS 411.184(2) (emphasis added).
. KRS 411.184(1).
. Regional Jail Authority v. Tackett, Ky., 770 S.W.2d 225, 229 (1989).
. Jay M. Zitter, Annotation, Claim for Punitive Damages in Tort Action as Surviving Death of Tortfeasor or Person Wronged, 30 A.L.R.4th 707 (2000).
. Berrier v. Bizer, Ky., 57 S.W.3d 271, 284 (2001).
Dissenting Opinion
dissenting.
I must respectfully dissent from the majority opinion because a proper interpretation of KRS 411.184 does not prohibit the award of punitive damages against “others” such as the decedent driver’s estate.
Billy Joe Stewart and Tammy Bowling Badgett were injured in an automobile accident on October 16,1992 involving James E. Cooper. Stewart was driving on Winchester Avenue in Ashland, Kentucky when Cooper failed to yield the right of way and pulled in front of him resulting in a collision of the two vehicles. Badgett was a passenger in the automobile driven by Stewart. Cooper was arrested at the scene and charged with driving under the influence, first offense. Ultimately, he pleaded guilty to the offense.
As the majority opinion correctly notes, this is a case that involves statutory interpretation. The sections of the statute in question must be read together. KRS 411.184(2) states that:
A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice.
Subsection (2) directly follows KRS 411.184(1)(f), which provides that:
“Punitive damages” includes exemplary damages and means damages, other than compensatory and nominal damages, awarded against a person to punish and to discourage him and others from similar conduct in the future, (emphasis added)
It is beyond question that the General Assembly determined that the reason for awarding any punitive damages is to punish and deter the wrongdoer and others from similar conduct in the future. It is the responsibility of this Court to harmonize the language of the legislature so as to produce a result that is not absurd. KRS 411.184(1)(f) specifically used the statutory language to punish and discourage “him and others.” The interpretation placed upon this language by the majority cannot be reconciled with the clear public policy of deterring and punishing others.
When read as a whole, the statute is ambiguous to the degree that the words “from whom such damages are sought” could preclude recovery from the estate of a wrongdoer, but then we are left with the words of the previous section about punishing and discouraging others. The words “from whom such damages are sought” in the statute simply means that a plaintiff is entitled to recover punitive damages from one defendant but cannot recover from a codefendant in the absence of egregious conduct.
To highlight the ambiguity and difference of opinion on this question, we need only refer to the writers of legal encyclopedias, particularly, Jay M. Zitter, Annotation, Claim for Punitive Damages in Tort Actions as Surviving Death of a Tortfeasor or Person Wronged, 30 A.L.R.4th 707 (1984). As noted by the Court of Appeals, approximately 33 other states have addressed the issue and the majority have determined that punitive damages may not be recovered from an estate. On the other hand, a clear minority of approximately four states do allow punitive damages against the estate. See Hofer v. Lavender, 679 S.W.2d 470 (Tex. 1984), recognizing other Texas cases which hold that punitive damages not only punish and deter wrongdoers, but they also provide a vehicle for victims to recover reimbursement for inconvenience, attorneys fees and losses too remote to be considered as compensatory. See also Penberthy v. Price, 281 Ill.App.3d 16, 216 Ill.Dec.
In Kentucky, the concept of permitting punitive damages in addition to compensatory damages is one of long standing. Horton v. The Union Light, Heat & Power Co., Ky., 690 S.W.2d 382 (1985). Punitive damages are intended to be a penalty for the violation of the rights of another. Bisset v. Goss, Ky., 481 S.W.2d 71 (1972). The focus is more on the egregious nature of the offense in societal terms rather than the impact on the individual plaintiff suffering the injury. See 25 C.J.S. Damages § 117(1) (1989).
The doctrine of punitive damages serves the useful purpose of expressing society’s disapproval of intolerable conduct and deterring such conduct where no other remedy would suffice. See Horton, supra at 390, quoting Mallor and Roberts, Punitive Damages Toward a Principled Approach, 31 Hastings L.J. 639 (1980). Punitive damages are awarded in addition to compensatory damage to punish a defendant for his reckless indifference to the rights of others. Cf. The Restatement (Second) of Torts § 908(2) (1979).
As observed by Judge Dyche in his dissenting opinion in the Court of Appeals, an injured person can never be made totally whole because attorney fees are not a recoverable cost. The allowance of punitive damages in a proper and legitimate case could be a step toward producing a remedy for that problem.
Caution should always be exercised in regard to the award of punitive damages because a blatantly excessive award can be counterproductive and embarrass the entire judicial and legal system.
The circuit court was in error in refusing to instruct the jury on the issue of punitive damages and to allow the jury to reach a verdict that would fully compensate the plaintiffs for their losses.
STUMBO, J., joins this dissenting opinion.
Reference
- Full Case Name
- Billy Joe STEWART and Tammy Bowling Badgett, Appellants, v. ESTATE OF James E. COOPER, Betty Coomer Cooper, Executrix, and Westfield Companies, Appellees
- Cited By
- 30 cases
- Status
- Published