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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-18-1 Basis for punitive damages awards - Section inapplicable to DUI cases - Division of award with state.
(1) (a) Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful and malicious or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.
(b) The limitations, standards of evidence, and standards of conduct of Subsection (1)(a) do not apply to any claim for punitive damages arising out of the tortfeasor's operation of a motor vehicle or motorboat while voluntarily intoxicated or under the influence of any drug or combination of alcohol and drugs as prohibited by Section 41-6a-502 .
(c) The award of a penalty under Section 78-11-15 or 78-11-16 regarding shoplifting is not subject to the prior award of compensatory or general damages under Subsection (1)(a) whether or not restitution has been paid to the merchant prior to or as a part of a civil action under Section 78-11-15 or 78-11-16 .
(2) Evidence of a party's wealth or financial condition shall be admissible only after a finding of liability for punitive damages has been made.
(a) Discovery concerning a party's wealth or financial condition may only be allowed after the party seeking punitive damages has established a prima facie case on the record that an award of punitive damages is reasonably likely against the party about whom discovery is sought and, if disputed, the court is satisfied that the discovery is not sought for the purpose of harassment.
(b) Subsection (2)(a) does not apply to any claim for punitive damages arising out of the tortfeasor's operation of a motor vehicle or motorboat while voluntarily intoxicated or under the influence of any drug or combination of alcohol and drugs as prohibited by Section 41-6a-502 .
(3) (a) In any case where punitive damages are awarded, the judgment shall provide that 50% of the amount of the punitive damages in excess of $20,000 shall, after an allowable deduction for the payment of attorneys' fees and costs, be remitted by the judgment debtor to the state treasurer for deposit into the General Fund.
(b) For the purposes of this Subsection (3), an "allowable deduction for the payment of attorneys' fees and costs" shall equal the amount of actual and reasonable attorneys' fees and costs incurred by the judgment creditor minus the amount of any separate judgment awarding attorneys' fees and costs to the judgment creditor.
(c) The state shall have all rights due a judgment creditor until the judgment is satisfied, and stand on equal footing with the judgment creditor of the original case in securing a recovery.
(d) Unless all affected parties, including the state, expressly agree otherwise or the application is contrary to the terms of the judgment, any payment on the judgment by or on behalf of any judgment debtor, whether voluntary or by execution or otherwise, shall be applied in the following order:
(i) compensatory damages, and any applicable attorneys fees and costs;
(ii) the initial $20,000 punitive damages; and
(iii) the balance of the punitive damages.
2006
78-18-1.5 Punitive damages - Notification procedure.
(1) Whenever it appears from a return of a jury verdict in any court jury trial or from entry of a finding or order in any court bench trial, that punitive damages have been awarded to the plaintiff in a court action, the clerk of the court shall immediately notify the attorney general and state treasurer of the verdict, finding, or order. The notice shall contain:
(a) the names of both parties to the action, and their attorneys;
(b) the case number; and
(c) the location of the court.
(2) In addition to the notice required in Subsection (1) of this section, the clerk of the court shall notify the attorney general and the state treasurer within five days after entry of a judgment award of punitive damages. The notice shall contain:
(a) the name of the party and his attorney, against whom the judgment was ordered;
(b) the amount of the judgment; and
(c) the date on which the judgment was entered.
2002
78-18-2 Drug exception.
(1) Punitive damages may not be awarded if a drug causing the claimant's harm:
(a) received premarket approval or licensure by the Federal Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq. or the Public Health Service Act, 42 U.S.C. Section 201 et seq.;
(b) is generally recognized as safe and effective under conditions established by the Federal Food and Drug Administration and applicable regulations, including packaging and labeling regulations.
(2) This limitation on liability for punitive damages
does not apply if it is shown by clear and convincing evidence
that the drug manufacturer knowingly withheld or misrepresented
information required to be submitted to the Federal Food
and Drug Administration under its regulations, which information
was material and relevant to the claimant's harm.
1989
