McMAHON v. CHRYSSIKOS


218 N.J. Super. 571 (1986)

528 A.2d 104

BRIAN P. MCMAHON, PLAINTIFF, v. PETER P. CHRYSSIKOS, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided October 3, 1986.


Attorney(s) appearing for the Case

George H. Conover, Jr. for plaintiff (Levinson, Conover, Axelrod, Wheaton & Grayzel, attorneys).

Salvatore P. DiFazio for defendant (Golden, Lintner, Rothschild, Spagnola & DiFazio, attorneys).


CONLEY, J.S.C.

This personal injury litigation arises from an automobile accident. The complaint seeks both compensatory and punitive damages. Defendant has moved for summary judgment on the punitive damage claim. The motion raises an issue upon which there are no reported opinions in this State, i.e., whether punitive damages are available in an automobile accident personal injury case where defendant driver was intoxicated.

It is undisputed that plaintiff...

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