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DONG v. ALAPE

824 A.2d 251 (2003)

361 N.J. Super. 106

Kayhan DONG, Plaintiff-Appellant, v. Michael T. ALAPE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 2003.

Attorney(s) appearing for the Case

William S. Winters, argued the cause for appellant.

Robert S. Helwig, New Brunswick, argued the cause for respondent (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Mr. Helwig, of counsel; J. Silvio Mascolo, on the brief).

William M. Dellicato, for amicus curiae Mothers Against Drunk Driving.

Before Judges KING, LISA and FUENTES.

The opinion of the court was delivered by LISA, J.A.D.

We consider in this appeal whether plaintiff, who was injured by an allegedly intoxicated hit-and-run driver, presented sufficient evidence to warrant submission of a punitive damages claim to the jury. After conducting a pre-trial N.J.R.E. 104(a) hearing, the trial judge concluded that, although evidence existed that defendant consumed some alcohol prior to the...

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