Judge Mariani of Federal Middle District Court Addresses Issues Regarding Punitive Damages Discovery

In the case of Kozlowski v. JFBB Ski Areas, Inc., No. 3:18-CV 353 (M.D. Pa. May 13, 2020 Mariani J.), the court addressed issues pertaining to punitive damages discovery in a skiing accident case. 

In this Opinion, the court ruled that a Plaintiff does not have to specifically pled punitive damages in order to seek such damages. The court also note that a Plaintiff is not required to produce evidence of the Defendant’s financial condition in order to pursue the punitive damages claim. Rather, the financial condition of a Defendant is but one factor in the punitive damages analysis. 

In this matter, Judge Mariani denied the Plaintiff’s Motion to Compel the production of financial evidence as the motion was found to be untimely under the discovery schedule previously set by the court. The court found that the Plaintiff had failed to show good cause for belated financial discovery. It was emphasized that the Plaintiff had previously agreed to a trial date without any mention for the need for additional discovery. 

The court noted that reopening discovery would prejudice the Defendant, who had already filed Motions In Limine with the court for purposes of trial. 

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