Fleegel v. Estate of Boyles

61 P.3d 1267, 2002 Alas. LEXIS 157, 2002 WL 31528636
CourtAlaska Supreme Court
DecidedNovember 15, 2002
DocketS-9091, S-9441
StatusPublished
Cited by11 cases

This text of 61 P.3d 1267 (Fleegel v. Estate of Boyles) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fleegel v. Estate of Boyles, 61 P.3d 1267, 2002 Alas. LEXIS 157, 2002 WL 31528636 (Ala. 2002).

Opinions

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Monica Fleegel sought compensatory and punitive damages from a drunk driver, Michael Boyles,1 who injured her in a car accident. The jury awarded Fleegel compensatory damages, but although it found that punitive damages were warranted, it made no monetary award for punitive damages. On appeal Fleegel appeals a number of the trial court’s evidentiary rulings, and Boyles cross-appeals the trial court’s award of attorney’s fees to Fleegel. Because the trial court did .not abuse its discretion in its evi-dentiary rulings and because it appropriately concluded that although Fleegel was not the prevailing party, she was entitled to attorney’s fees under the crime victims’ statute, we affirm the trial court’s judgment.

II. FACTS AND PROCEEDINGS

A. Facts

Shortly after 5:00 p.m. on September 1, 1995, Monica Fleegel sat in her car waiting for the light to turn green at the intersection of 36th Avenue and Denali Street in Anchorage. Before the light changed, Fleegel’s car was hit by a pick-up truck driven by Michael Boyles. Boyles failed to stop at the accident scene.

After the collision Fleegel felt pain in her nose, head, neck, chest, back, and hand. All of the injuries ultimately healed except for the injury to Fleegel’s left hand. As a result of the collision, the tendon of Fleegel’s left wrist pulled off its attachment to the thumb, taking bone with it and causing an avulsion fracture. Fleegel’s orthopedic surgeon testified that such injuries can result in long-term pain associated with certain activities. In the intervening years since the collision, Fleegel has undergone a variety of treatments for her injury. She has received injections of anti-inflammatory medication, had a cast on her arm for three weeks, and has worn splints for varying periods of time almost every day since the accident. Long-[1269]*1269term treatment of the injury involves wearing a splint and taking anti-inflammatory medication. Fleegel has also been advised that the injury leaves her at increased risk for premature arthritis in the joint.

Fleegel used approximately forty-two hours of sick leave during her initial recovery from the collision. The parties stipulated that she incurred $5,417 in medical expenses, which State Farm Mutual Automobile Insurance Company, insurer of both Fleegel and Boyles, paid.

Boyles admitted that he was under the influence of alcohol and Valium at the time of the collision. Boyles participated in alcohol treatment programs in the years both before and after the collision. He also had a medical history that included an anxiety disorder, panic attacks, depression, post-traumatic stress disorder, and various gastrointestinal disorders related to alcoholism.

After the accident, the Municipality of Anchorage charged Boyles with leaving the scene of an injury accident and reckless driving. Boyles pleaded no contest to the charges. As part of his sentence, Boyles was required to complete treatment recommended by the Anchorage Alcohol Safety Action Program (ASAP). Seven months after the collision with Fleegel, Boyles was again charged with driving while intoxicated. He claimed to have stopped driving after that incident.

B. Proceedings

Fleegel filed suit against Boyles seeking compensatory and punitive damages. Boyles admitted liability and acknowledged that “consumption of alcohol was one of the causes of this accident.”

Fleegel filed a motion in limine requesting that all references to insurance “be deleted” from the evidence at trial, or, in the alternative, that all potential jurors insured by State Farm Insurance be excused for cause. The superior court ruled that because Boyles’s insurance coverage had relevance to punitive damages it could be discussed, but that the name of the company providing the insurance could not be mentioned.

Fleegel ■ also sought to introduce as evidence at trial an outstanding warrant against Boyles for failure to comply with ASAP requirements. The trial court deemed the warrant inadmissible.

Boyles planned to present at trial a videotaped deposition of Dr. James Peach, a gas-troenterologist who treated Boyles in the two years prior to trial. Fleegel sought to exclude Dr. Peach’s testimony on the ground that it was irrelevant. Fleegel also sought to exclude medical records relied upon and discussed by Dr. Peach during his testimony. The trial court overruled Fleegel’s objections to Dr. Peach’s testimony, finding Dr. Peach’s discussion of Boyles’s alcoholism relevant to social standing and financial condition as they related to the punitive damages claim. Moreover, the trial court determined that Dr. Peach’s reference to the medical records of other doctors was permissible because these records formed the foundation for Dr. Peach’s opinion. But the trial court agreed with Fleegel that the “actual packet of records that were included in the deposition” should not be admitted. Fleegel later sought to present-two records of other physicians who had treated Boyles, which were contained in Dr. Peach’s file. The trial court denied that request.

The case was tried before a jury on December 14-17,1998. Other than a statement by Boyles’s attorney during voir dire that he had been retained by Boyles’s insurance carrier to represent Boyles, no mention or evidence of Boyles’s insurance coverage was made during trial. On the stipulation of the parties, the trial court did give a jury instruction stating that Boyles “has insurance coverage.”

Prior to beginning deliberations, a juror asked: “are ... punitive damages directed] to Mr. Boyles or to the insurance company?” The court responded: “I cannot give you a direct answer to that question. No evidence [of insurance] was presented regarding what items of damage may be covered by Mr. Boyles’s insurance. Therefore, you may not speculate whether any particular item of damage is covered by insurance.”

The jury returned a special verdict finding that (1) the negligence of Boyles was a legal [1270]*1270cause of injury to Fleegel; (2) Fleegel suffered damages in these amounts: $1,140 in past economic loss, $7,500 in past non-economic loss, $1,000 in future economic loss, and $3,500 in future non-economic loss — for a total of $13,140 in damages; (3) punitive damages should be awarded against Boyles; and (4) the amount of punitive damages awarded against Boyles should be zero.

Because Boyles made a Rule 68 offer of judgment that substantially exceeded the jury award, the trial court determined that Boyles was the prevailing party, and awarded him $6,000 in attorney’s fees, $1,990.71 in costs, and $50 in expert witness fees. After subtracting Boyles’s award of $8,040.71 from Fleegel’s compensatory damages award of $14,703.40, the trial court entered judgment for Fleegel for $6,662.29.

Fleegel moved for Civil Rule 60(b)2 relief from the judgment on the basis of AS 09.60.070, which awards “full reasonable attorney fees” to victims of certain crimes, including driving while intoxicated.3 The trial court granted Fleegel’s motion and ultimately determined that both parties were entitled to attorney’s fees-Boyles for making a pretrial settlement offer more generous than the jury award,4 and Fleegel as the victim of a serious crime.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wallace v. Poulos
861 F. Supp. 2d 587 (D. Maryland, 2012)
Mueller v. Buscemi
230 P.3d 1153 (Alaska Supreme Court, 2010)
Button v. Haines Borough
208 P.3d 194 (Alaska Supreme Court, 2009)
Matanuska Electric Ass'n v. Municipality of Anchorage
184 P.3d 19 (Alaska Supreme Court, 2008)
Kay v. Danbar, Inc.
132 P.3d 262 (Alaska Supreme Court, 2006)
Crittell v. Bingo
83 P.3d 532 (Alaska Supreme Court, 2004)
Teseniar v. Spicer
74 P.3d 910 (Alaska Supreme Court, 2003)
Fleegel v. Estate of Boyles
61 P.3d 1267 (Alaska Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
61 P.3d 1267, 2002 Alas. LEXIS 157, 2002 WL 31528636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleegel-v-estate-of-boyles-alaska-2002.