TRIAL COURT PROPERTLY ALLOWED PLAINTIFF TO AMEND HIS COMPLAINT TO STATE A CLAIM FOR PUNITIVE DAMAGES ON THE BASIS THAT THE DRIVER WAS INTOXICATED — THE RECORD CONFIRMED THAT THE TRIAL COURT CONSIDERED AND WEIGHED EVIDENCE OFFERED BY THE PARTIES…

Torts -- Negligence -- Automobile accident -- Rear-end collision -- By operation of section 337.195(1), plaintiff is presumed to be sole proximate cause of injuries she sustained when she drove her vehicle into rear of cement truck as it drove away…