Elardo, Bragg, Appel & Rossi

Punitive Damages

ARPAIO V. FIGUEROA/BRAILLARD , 229 Ariz. 444, 276 P.3d 513 (APP. DIV. 2 04/30/2012). Inmate’s daughter brought negligence action against multiple defendants, including individual defendants, after inmate, a diabetic, died in medical center following time spent in jail without insulin, and daughter sought punitive damages. The trial court ordered individual defendants to provide information to their respective attorneys regarding defendants’ personal community assets and declined to issue protective order regarding information. Individual defendants brought special action petition. HOLDING: Appellate Court held trial court erred in ordering production, since a defendant subject to punitive damages claim is not required to gather or produce financial information until the court finds that the plaintiff has made a prima facie case in support of punitive damages.