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SMITH v. PRICE DEVELOPMENT CO.

No. 20040675.

125 P.3d 945 (2005)

2005 UT 87

Armand L. SMITH, individually and as trustee for the Armand L. Smith, Jr., and Shannon S. Windham Trusts; and Virginia L. Smith, individually, Plaintiffs and Appellees, v. PRICE DEVELOPMENT COMPANY, a Utah corporation, nka Fairfax Realty, Inc.; North Plains Land Company, Ltd., a Utah limited partnership; and North Plains Development Company, Ltd., a Utah limited partnership, Defendants. State Treasurer Edward T. Alter of the State of Utah, for and on behalf of the State of Utah, Additional Rule 19 Defendant and Appellant.

Supreme Court of Utah.

December 2, 2005.

Attorney(s) appearing for the Case

Robert S. Campbell, Jennifer Anderson Whitlock, Salt Lake City, for plaintiffs.

Reed L. Martineau, Rex E. Madsen, James S. Jardine, Salt Lake City, for defendants.

Mark L. Shurtleff, Att'y Gen., Kevin V. Olsen, Asst. Att'y Gen., Salt Lake City, for appellant.

PARRISH, Justice:

¶ 1 Following a jury trial, plaintiffs Armand and Virginia Smith obtained a substantial punitive damages award against defendant Fairfax Realty, Inc. The State of Utah claimed a share of the award pursuant to the 1989 version of Utah's split recovery provision, which gave the State an interest in qualifying punitive damages awards. The Smiths challenged the constitutionality of the provision, and the district court ruled in their favor, holding...

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