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SWIFT TRANSPORTATION CO. OF ARIZ. v. CARMAN

No. CV-20-0119-PR.

515 P.3d 685 (2022)

SWIFT TRANSPORTATION CO. OF ARIZONA L.L.C., Petitioner, v. The Honorable Krista M. CARMAN, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF YAVAPAI, Respondent Judge, Thomas Mountz, the Husband of Julie Mountz, on behalf of himself and all other statutory beneficiaries for the wrongful death of Julie Mountz, including Maggie Kegley, daughter of Julie Mountz, Luke Daniel Mountz, son of Julie Mountz; Heidi Knieling, as Conservator and Full Guardian of Jody Sue Engel, a legally incapacitated individual, Real Parties in Interest.

Supreme Court of Arizona.

Filed August 23, 2022.

Attorney(s) appearing for the Case

Phillip H. Stanfield , Eileen Dennis GilBride (argued), Clarice A. Spicker , Alejandro D. Barrientos , Jones, Skelton & Hochuli P.L.C., Phoenix, Attorneys for Swift Transportation Co. of Arizona, L.L.C.

David L. Abney (argued), Ahwatukee Legal Office, P.C., Phoenix, Attorneys for Thomas Mountz and Paul Champion.

Jonathan V. O'Steen , O'Steen & Harrison PLC, Phoenix; Lincoln Combs , Gallagher & Kennedy P.A., Phoenix; and Geoffrey M. Trachtenberg , Levenbaum Trachtenberg PLC, Phoenix, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Todd A. Rigby , Lewis Brisbois Bisgaard & Smith, LLP, Phoenix, Attorneys for Amicus Curiae Trucking Industry Defense Association.

CHIEF JUSTICE BRUTINEL authored the Opinion of the Court, in which VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, LOPEZ, BEENE, and MONTGOMERY joined.

¶1 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...

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