Wisconsin Lawyer
Vol. 78, No. 12, December
2005
Letters
Letters to the editor:
The Wisconsin Lawyer publishes as many letters in each issue as space
permits. Please limit letters to
500 words; letters may be edited for length and clarity. Letters should
address the issues, and not be a personal attack on others. Letters
endorsing political candidates cannot be accepted. Please mail
letters to " Letters to the Editor," Wisconsin Lawyer, P.O. Box 7158,
Madison, WI 53707-7158, fax them to (608) 257-4343, or email them.
Additional Drunk Driving Punishment Would be Unevenly Applied
The rather angry tone of the letter, "Injury
by Drunk Driving
Deserves Punitive Damages Award" (October 2005), relating to
punitive damages in auto accidents in which one of the drivers is under
the influence of alcohol, is easily transmitted to the jury when the
plaintiff is seeking an award much larger than the injuries warrant. Of
course those extra damages will be sought only against a person who has
assets.
This means that the additional punishment over and above the
criminal case will be dished out only in very selected cases and will be
based solely on the ability to pay. Those driving under the influence
without assets need not worry; lawyers are unlikely to chase an empty
pocket. Fender-bender accidents and personal injuries that have totally
healed, usually easily settled, will now take on a new dimension with
expensive legal bills for discovery (which often is abusive in these
cases) and costly appeals looking at very uncertain developments in the
law. We do have a criminal justice system for these cases and to add
supplementary civil liability is just all about money, including
fees.
On one item the letter writer and I do agree. The legislature should
act, but any new law should make it clear that all punitive damages in
auto accident cases are eliminated. The law desperately needs some
bright lines in litigation and this would be a good place to start.
David Leo Uelmen
Mequon
Wisconsin Lawyer
