Phoenix Office Files Amicus Brief in Arizona Supreme Court on Behalf of TIDA

(December 2020) - Phoenix Partner Todd Rigby recently filed an amicus brief in the Arizona Supreme Court on behalf of the Trucking Industry Defense Association (TIDA) to address the current ambiguities in Arizona’s punitive damage standard and the potentially devastating impact it could have on the trucking industry.

The Underlying Case

In the underlying lawsuit, the driver of a tractor-trailer lost control on a stretch of highway in an Arizona rainstorm and struck a median. Shortly thereafter, approaching vehicles collided with each other as they attempted to avoid the tractor-trailer that partially impeded the highway traffic lanes, resulting in significant injuries and a fatality. The truck driver was not cited for any traffic or Federal Motor Carrier Safety Regulations (FMCSR) violations.

During the course of litigation against the trucking company, the plaintiffs alleged punitive damages and sought discovery of sensitive company information, including financial records. To obtain punitive damages in Arizona, a plaintiff must prove that a defendant’s “evil hand” (i.e., aggravated, outrageous conduct) was guided by an “evil mind.” However, the plaintiffs argued in their discovery motion that it was not necessary to prove aggravated or outrageous conduct to proceed with a punitive damage claim, and they justified their position by relying on ambiguities in Arizona’s common law and jury instructions. The trial and appellate courts agreed with the plaintiffs, necessitating a special action filed by the trucking defendants with the Arizona Supreme Court.

The Amicus Brief

In his amicus brief, Todd argued that the aggravated/outrageous conduct portion of the punitive damage test must be preserved in order to maintain fairness and to promote justice, especially with regard to claims against members of the commercial transportation industry. If a truck driver and his employer may be subject to punitive damages based on essentially negligent or even grossly negligent actions, it would open the door to a massive wave of excessive verdicts and unjust punishment of motorist defendants. Todd then discussed numerous prior Arizona decisions in which punitive damage claims were allowed in a commercial transportation context, pointing out how each case focused extensively on the aggravated and outrageous nature of defendants’ conduct, and almost always involved a legal or FMCSR violation.

The Arizona Supreme Court will hear arguments in this matter at some time in early 2021.

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