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Ball v. Prentice9/28/1989
t the facts of this case are far removed from the facts of Keck or Quinn. Ball was a participant and victim, not a bystander. Whether Ball's emotional problems, nausea, sleeplessness, tension and headaches are causally connected to the accident and the extent and duration of those injuries is a matter for jury determination. See e.g. Thompson v. Sun City Community Hospital, Inc., 141 Ariz. 597, 688 P.2d 605 (1984). The trial court erroneously granted summary judgment, and we reverse.
PUNITIVE DAMAGES
Ball's motion for partial summary judgment asked the court to rule that punitive damages were available, based on the facts in the record, in order to initiate discovery of Prentice's assets. The trial court's denial of this motion was probably based on Prentice's argument that our decision in Larriva v. Montiel, 143 Ariz. 23, 691 P.2d 735 (App.1984), controlled and that no discovery of a party's financial condition is permitted upon naked allegations seeking punitive damages. The record before us satisfies the requirements of Larriva. Driving past a stop sign directly in front of oncoming traffic with a blood alcohol level of .25 is conduct demonstrating a reckless indifference to the interests or safety of others and is sufficient to support a prima facie claim for punitive damages. Volz v. Coleman, 155 Ariz. 567, 748 P.2d 1191 (1987); Linthicum v. Nationwide
Life Ins. Co., 150 Ariz. 326, 723 P.2d 675 (1986); Smith v. Chapman, 115 Ariz. 211, 564 P.2d 900 (1977). See also Olson v. Walker, 162 Ariz. 174, 781 P.2d 1015 (App.1989) (it is sufficient that DUI driver should have known that his conduct was so egregious that it created a substantial risk of harm to others).
Whether a party who consciously consumes enough alcohol to raise her blood alcohol level to more than two and one-half times the legal limit and then drives a motor vehicle on public roads, has demonstrated conduct which shows an evil mind intending to interfere with the rights of others lawfully using the highway or disregarding the substantial risk that conduct poses of significant harm to others, is a question of fact for the jury. We hold there is sufficient evidence in this record for a jury to infer the necessary evil mind required in addition to the outrageous, reckless conduct necessary for imposition of punitive damages. Therefore, because there is sufficient evidence in the record to permit a jury finding that Prentice's intoxication contributed to the accident and injuries, Ball is entitled to commence discovery of financial worth.
Reversed and remanded for further proceedings consistent with this opinion.
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