moorby v. heller ( 2024 )

ep SEP ee r HAT
STATE OF VERMONT
SUPERIOR COURT CIVIL DIVISION
Washington Unit (WS Docket No. 507-8-16 Wncv
78 JAN TTP & OI
JAMIE MOORBY
v.
FUE
JOAN HELLER
Plaintiff’s Amended Motion to Compel Discovery, filed November 27, 2017 (MPR #5)
Plaintiff Jamie Moorby claims that she was injured when Defendant Joan Heller, operator
of the car in which they were traveling, drove off the side of the road and crashed the car. She
claims that the circumstances entitle her to punitive as well as compensatory damages. In
connection with her punitive damages claim, she sought discovery regarding Ms. Heller’s
wealth. Ms. Heller has resisted those efforts, causing Ms. Moorby to file this motion.
The parties dispute whether Plaintiff should be required to make a threshold showing of a
basis for punitive damages before being able to conduct wealth discovery. They further dispute,
if she is required to do so, whether the Plaintiffs evidence should meet any required threshold.
Some courts require a threshold showing before permitting wealth discovery for punitive
damages purposes; some do not. See, e.g., 1 Punitive Damages: Law and Practice 2d § 9:9 (2017
ed.); 2 Modern Tort Law: Liability and Litigation § 21:52 (2d ed.); | Stein on Personal Injury
Damages Treatise § 4:57 (3d ed.); and Annotation, 32 A.L.R. 4th 432, Necessity of
determination or showing of liability for punitive damages before discovery or reception of
evidence of defendant’s wealth.
Shortly after the parties briefed this matter, Ms. Heller filed a partial summary judgment
motion addressing Ms. Moorby’s entitlement to punitive damages. The motion is not ripe but
soon will be. The court then will determine whether there is any triable issue on punitive
damages. The result will be helpful in ruling on this motion. At this time, the court declines to
adopt any particular “rule” or perceived best practice regarding threshold showings.
The court therefore denies the motion to compel at this time. It may be renewed after the
court rules on Ms. Heller’s summary judgment motion. The scheduling order may be modified at
that time to extend time for wealth discovery if appropriate.
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Dated at Montpelier, Vermont this [? day of January 2018.
Whew Wits Jeet
Mary (Miles Teachout
Superior Judge