BRAKE v. HARPER

No. 707SC123.

174 S.E.2d 74 (1970)

Carolyn B. BRAKE v. Levy HARPER.

Court of Appeals of North Carolina.

Certiorari Denied June 12, 1970.


Attorney(s) appearing for the Case

Don Evans, Rocky Mount, for plaintiff appellant.

Battle, Winslow, Scott & Wiley, by Robert Spencer, Rocky Mount, for defendant appellee.


VAUGHN, Judge.

The sole question presented by this appeal is whether the court erred in refusing to submit to the jury the issue of punitive damages. Plaintiff candidly states that there is no North Carolina case holding that punitive damages should be allowed when the defendant is operating an automobile while under the influence of alcohol and negligently causes injury to another. In an excellent brief he favors us with decisions from a number of other states which...

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