Morris, who had been drinking, drove Stroud’s car and collided with 18-year-old Alonzo Reid. Reid alleged that Stroud negligently entrusted the car to Morris despite knowing that Morris was intoxicated, unlicensed, and reckless. Morris defaulted, while Stroud obtained summary judgment on liability. After a bench trial, the court awarded compensatory damages against both defendants and punitive damages against Morris, reasoning that the punitive-damages statute limited the term active tort-feasor to the intoxicated driver. The Georgia Supreme Court vacated that portion of the judgment and remanded. It held that active tort-feasor is not categorically limited to a drunk driver, so the trial court had to determine whether Stroud was substantially impaired by alcohol and was an active tort-feasor under the statute. If so, the court also had to determine the punitive damages against Stroud. The court left the constitutional jury-trial question for another day.