OWEN v. SUPERIOR COURT OF STATE OF ARIZ.

No. 16055-SA.

133 Ariz. 75 (1982)

649 P.2d 278

Jeffrey Allen OWEN and Barbara Owen, his wife, Petitioners, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA; The Honorable William T. Moroney, a Judge thereof; L.A. Donald and Jane Doe Donald, his wife; and Thunderbird Freight Lines, Inc., an Arizona corporation, Respondents.

Supreme Court of Arizona, En Banc.

July 28, 1982.


Attorney(s) appearing for the Case

Udall, Shumway, Blackhurst, Allen, Lyons & Davis by Dennis P. Blackhurst, John H. Lyons, Mesa, for petitioners.

Snell & Wilmer by H. William Fox, Michael R. Palumbo, Phoenix, for respondents L.A. Donald and Thunderbird.


FELDMAN, Justice.

This special action proceeding challenges an order of the trial court denying petitioners' motion to amend the complaint in order to assert a claim for punitive damages. We accepted jurisdiction pursuant to Rule 8, Rules of Procedure for Special Actions, 17A A.R.S. We now find that the scope of the trial court's orders denying the motion to amend was an abuse of discretion, and we remand the case for proceedings consistent with this opinion.

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