Bolt v. Influence, Inc.

In this original mandamus proceeding, we consider the legal standards governing a trial court’s decision on a motion to amend a complaint to add a punitive damages claim in a products liability case. The trial court denied plaintiffs’ motion to amend on the ground that they had not presented evidence sufficient for a jury to find, by clear and convincing evidence, that they were entitled to punitive damages. Because ORS 18.535(3) sets out a less demanding “directed verdict” standard for evaluating a motion to amend to add a punitive damages claim, we conclude that plaintiffs are entitled to a…