Hawkins v. Allstate Ins. Co
In Hawkins v. Allstate Ins. Co., 152 Ariz. 490, 503, 733 P.2d 1073, 1086 (1987), the defendant challenged, in a post-judgment motion for judgment as a matter of law, whether the evidence was sufficient to support the jury's punitive damage award. Id. at 494, 733 P.2d at 1077.
The defendant, however, never asserted that the award violated due process at any time prior to its appeal to the supreme court. Id. at 502, 733 P.2d at 1085.
The supreme court found that the evidence was sufficient to support an award of punitive damages and then turned to the defendant's due process challenge. Id. at 500-02, 733 P.2d at 1083-85.
In holding that the ability to consider a constitutional issue raised for the first time on appeal was discretionary, the court noted that "this is not a case involving denial of a fundamental constitutional right in a criminal trial nor contentions which affect the jurisdiction of the court, and we do not feel compelled to exercise our discretion." Id. at 503, 733 P.2d at 1086.