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State Farm Mutual Insurance Company v. Kuharik

Court of Appeals of Georgia
Jun 16, 1986
179 Ga. App. 568 (Ga. Ct. App. 1986)

Summary

In Kuharik, the tortfeasor was unknown, and we reasoned that such an award would be totally ineffective to deter future misconduct on the part of the tortfeasor.

Summary of this case from Roman v. Terrell

Opinion

72498.

DECIDED JUNE 16, 1986. REHEARING DENIED JULY 1, 1986.

Action for damages. Chatham Superior Court. Before Judge Brannen.

Luhr G. C. Beckmann, Jr., Joseph H. Barrow, for appellant.

George Cornelius Nevitt, R. Stephen Sims, Thomas C. Bordeaux, Jr., Clarence L. Martin, Kran Riddle, for appellees.

Ferdinand Buckley, amicus curiae.


At issue in this appeal is whether punitive damages may be awarded to a plaintiff in a "John Doe" action brought to establish the liability of his uninsured motorist carrier for loss caused by an unknown driver.

Mr. and Mrs. Kuharik sued to recover for personal injuries sustained by Mrs. Kuharik when her vehicle was struck from behind by another vehicle. The complaint alleged that Mrs. Kuharik had been forced to slow her vehicle suddenly to avoid hitting an unknown taxicab driver who had stopped in front of her preparatory to making a U-turn. (The driver who actually struck Mrs. Kuharik was named as a defendant below but is not a party to this appeal.) Based on allegations that the unknown cab driver, who was named as a "John Doe" defendant, had operated his vehicle in a reckless and wanton manner and had unlawfully left the scene of the collision, the plaintiffs sought an award of punitive damages to discourage him "from repeating the aforesaid reckless and wanton acts . . ." The plaintiffs' uninsured motorist carrier, State Farm Mutual Insurance Company, was duly served with a copy of the complaint and moved unsuccessfully to strike this prayer for punitive damages. We granted the company's subsequent application for an interlocutory appeal. Held:

1. We agree with State Farm's contention that to award punitive damages against an unknown tortfeasor for the purpose of deterring him from repeating his alleged misconduct would be nonsensical. In an analogous situation, it has been held that an award of punitive damages against the personal representative of a deceased tortfeasor's estate "must fail of its object, and could not therefore be allowed." Morris v. Duncan, 126 Ga. 467, 470 ( 54 S.E. 1045) (1906). See OCGA § 9-2-41.

We reject the plaintiffs' argument that the effect of deterrence might be achieved by the insurance company's exercise of its subrogation rights against the unknown tortfeasor in the event he were later identified and located. The purpose of a John Doe action is merely to fix the liability of the uninsured motorist carrier to its policyholder for loss caused by an unknown tortfeasor. See generally OCGA § 33-7-11 (a). Such a proceeding quite obviously does not operate to defeat the unknown tortfeasor's due process rights. "If the insurer, even after judgment and payment, should discover the identity of the tortfeasor, it is of course subrogated to the plaintiff's rights, but the plaintiff has in no meaningful sense either served or obtained a judgment against the tortfeasor by his John Doe action." Norman v. Daniels, 142 Ga. App. 456, 458 ( 236 S.E.2d 121) (1977). Accord Wentworth v. Fireman's Fund c. Ins. Co., 147 Ga. App. 854, 855 ( 250 S.E.2d 543) (1978). See generally OCGA § 33-7-11 (d). We accordingly hold that State Farm's motion to strike the prayer for punitive damages should have been granted.

2. In view of the foregoing, it is unnecessary to determine whether an uninsured motorist carrier could be held liable to its policyholder for punitive damages based on the misconduct of a known tortfeasor over whom the court had acquired personal jurisdiction.

Judgment reversed. Birdsong, P. J., and Sognier, J., concur.

DECIDED JUNE 16, 1986 — REHEARING DENIED JULY 1, 1986 — CERT. APPLIED FOR.


Summaries of

State Farm Mutual Insurance Company v. Kuharik

Court of Appeals of Georgia
Jun 16, 1986
179 Ga. App. 568 (Ga. Ct. App. 1986)

In Kuharik, the tortfeasor was unknown, and we reasoned that such an award would be totally ineffective to deter future misconduct on the part of the tortfeasor.

Summary of this case from Roman v. Terrell

In State Farm Mut. Ins. Co. v. Kuharik, 179 Ga. App. 568 (347 S.E.2d 281) (1986), and Coker v. State Farm Mut. Ins. Co., 193 Ga. App. 423 (388 S.E.2d 34) (1989), this court held that an award of punitive damages against an uninsured motorist carrier was improper.

Summary of this case from Roman v. Terrell

In Kuharik, this court held that the uninsured motorist carrier could not be held liable to its policyholder for punitive damages, where the tortfeasor was unknown, because it would be nonsensical to impose punitive damages against an unknown tortfeasor for the purpose of deterring him from repeating the alleged misconduct.

Summary of this case from Coker v. State Farm Mut. Auto. Ins. Co.

In State Farm Mut. Ins. Co. v. Kuharik, 179 Ga. App. 568 (347 S.E.2d 281) (1986), the court disallowed the insured's claim for punitive damages from her uninsured motorist carrier when the tortfeasor had left the scene of the accident and his identity was unknown.

Summary of this case from State Farm Mut. Auto. Ins. Co. v. Weathers
Case details for

State Farm Mutual Insurance Company v. Kuharik

Case Details

Full title:STATE FARM MUTUAL INSURANCE COMPANY v. KUHARIK et al

Court:Court of Appeals of Georgia

Date published: Jun 16, 1986

Citations

179 Ga. App. 568 (Ga. Ct. App. 1986)
347 S.E.2d 281

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