Swift Transportation Co of Az v. Hon. Carman

Summary

The court clarified that, in a negligence action, a plaintiff seeking discovery of a defendant’s financial information for punitive damages must show a reasonable likelihood that the punitive-damages issue will be submitted to the jury. That showing requires clear and convincing evidence of an evil mind, generally demonstrated by outrageous conduct creating a substantial risk of significant harm that the defendant consciously disregarded. The court held that the facts found below established, at most, negligence or gross negligence and therefore did not justify punitive-damages discovery; the court of appeals’ order was vacated and the trial court’s order was reversed.