This section contains the nature of the case and procedural background.

D failed to stop at an intersection controlled by a stop sign, causing a collision with P's oncoming vehicle. P's car was totaled, and she suffered several injuries, including a broken kneecap and permanent damage to her knee mechanism. Immediately after the accident, D took beer bottles from his vehicle and broke them on the road. The officer who conducted the investigation concluded that d was at fault. d was uninsured. D was processed for DUI and was found to have a BAC of 0.156 approximately two hours after the accident. D stated that he had consumed two beers and three shots in the hour prior to the accident, and admitted being 'slightly' under the influence of alcohol. D had a suspended license resulting from a prior DUI conviction, and three prior convictions for driving with a suspended license in Vermont. D was charged in district court with DUI, second offense, and with driving with a suspended license, fourth offense. Johnson entered no contest pleas to both charges. P commenced a personal injury action against D and against P's uninsured motorist insurance carrier, Concord General Mutual Insurance Co. P sought compensatory and punitive damages. P was granted a default judgment. The court determined that D owed P compensatory damages in the amount of $131,921.35. The court rejected P's motion for punitive damages as there was no evidence of the requisite element of malice. P appealed.

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