Puent v. Dickens , 245 Va. 217 ( 1993 )

JUSTICE KEENAN,

with whom JUSTICE HASSELL joins, dissenting.

I believe that reasonable persons could disagree whether Dickens’s conduct was so willful or wanton that it showed a conscious disregard for the rights of others. Therefore, I would hold that the question of punitive damages was a matter for a jury’s consideration and that the trial court erred in concluding otherwise. See Huffman v. Love, 245 Va. 311, 427 S.E.2d 357 (1993) (this day decided).

Since I disagree with the majority on the above issue, I would not reach the subsequent issue regarding compensatory damages.