Adams v. Murakami

Opinion

BAXTER, J.

The question in this personal injury action is twofold: (1) Is evidence of a defendant’s financial condition a prerequisite to an award of punitive damages? (2) If so, is the burden on the plaintiff rather than on the *109defendant to introduce evidence of the defendant’s financial condition? We answer both questions in the affirmative. Our prior decisions, constitutional considerations, and the importance of appellate review indicate that an award of punitive damages cannot be sustained on appeal unless the trial record contains meaningful evidence of the defendant’s financial…