Petition for Writ of Mandamus - Filed - Supreme Court of Texas

at 331 (Gonzalez, J., concurTing) . t'
The court of appeals erroneously concluded
otherwise .
C .
This Court Should Exercise Jurisdiction and Consider Other Model s
forPrnaFacieor Threshold Showing of Punitive Liability Prior t o
Net Worth Discover y
Once a plaintiff has properly pleaded a demonstrated factual basis for punitiv e
liability, as discussed supra, the plaintiff should still be required to meet som e
evidentiary threshold before being allowed net worth discovery from a defendant . In this
regard, other states offer models for a prima facie or threshold showing of punitiv e
liability prior to net worth discovery . For example, "[s]tates that have adopted bifurcate d
proceedings for punitive damages cases have followed one of two main approaches to
discover a defendant's net worth : (1) discovery upon a special verdict which establishes a
right to punitive damages (the New York approach) ; and (2) pretrial discovery upo n
prima facie proof of a viable claim for punitive damages (the Wyoming approach) ." 1 6
Comment, Discovery of Net Worth in Bifurcated Punitive Damages Cases : A Suggested
Approach After Transportation Insurance Co . v. I1VIoriel, 37 S . TEX. L. REV, 193, 21 2
Further, bare allegations of gross negligence do not meet Due Process requirements to substantiate discovery o f
net worth . See Delgado, 793 S.W.2d at 333 ; Al Parker Buick Co ., 788 S.W.2d at 130-31 . Specifically, for Rea l
Parties to be entitled to discovery regarding net worth, their petition must specifically state the acts or omissions, (a )
which, when viewed objectively from the standpoint of the actor, at the time of its occurrence, involved an extreme
degree of risk, considering the probability and magnitude of the potential harm to others, and (b) of which the actor
has actual subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to th e
rights, safety, or welfare of others . See TEX. CIV. PRAC. & REM . CODE § 41 .001(11) .
!U In his dissent in Limsford, Justice Gonzalez suggested that employment of the "Wyoming Plan" would be a "goo d
model for Texas," which requires the plaintiff to "make a prima facie showing to the trial court that a viable issu e
exists for punitive damages" before being allowed to seek pretrial discovery of a defendant's net worth . 746 S .W .2 d
at 475 (Gonzalez, J., dissenting) .
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