Arizona Supreme Court Clarifies Findings Required for Punitive Damage Awards

On August 23, 2022, the Arizona Supreme Court issued an opinion regarding when punitive damages can be awarded in civil cases.

The opening paragraph is instructive and reads as follows:

This case requires us to clarify the standard of proof applicable to establishing a prima facie case for punitive damages necessary to justify the discovery of a defendant’s financial information. We hold that to make such a showing in a negligence case, a plaintiff must establish that there is a reasonable likelihood that the punitive damages claim will be submitted to the jury . We also hold that a punitive damages claim will be submitted to the jury only where there is proof that the defendant’s conduct was either intended to cause harm, motivated by spite or ill will, or outrageous, in which the defendant consciously pursued a course of conduct knowing that it created a substantial risk of significant injury to others. [Emphasis added.]