FARAHNAZ GHANDI MCGLOTHIN
v.
KYLE MCDONALD
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A party seeking to amend a complaint to add a punitive damages claim must proffer evidence establishing intentional misconduct or gross negligence, including actual knowledge of wrongfulness or high probability of harm, and punitive damages cannot be pleaded as a standalone count.
[1] A claim for punitive damages requires a proffer demonstrating actual knowledge of the wrongfulness of the conduct or a high probability of harm.
[2] A proposed amended complaint improperly sets forth a claim for punitive damages as a stand-alone count.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellee proffered nothing to suggest that Appellant had 'actual knowledge' of the wrongfulness of her conduct or that there was a high probability that it would result in harm to Appellee.”
The court's explanation of why the proffer was insufficient to support punitive damages under Werner Enters., Inc. v. Mendez.
Appellant placed concrete blocks that restricted drainage through a common grate, causing damage. Appellee sought to amend his complaint to add a clai…
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EDWARDS, C.J.
Appellant, Farahnaz Ghandi McGlothin, appeals the trial court’s order granting Appellee, Kyle McDonald’s, motion to amend his complaint to add a claim for punitive damages. We agree that Appellee’s proffer was insufficient to support a claim that Appellant’s placement of concrete blocks that restricted drainage through a common grate constituted intentional
misconduct or gross negligence. Appellee proffered nothing to suggest that Appellant had “actual knowledge” of the wrongfulness of her conduct or that there was a high probability that it would result in harm to Appellee. See Werner Enters., Inc. v. Mendez, 362 So. 3d 278, 282 (Fla. 5th DCA 2023). Furthermore, Appellee’s proposed amended complaint improperly set forth his claim for punitive damages as a stand-alone count. See Keen v. Jennings, 327 So. 3d 435, 438–39 (Fla. 5th DCA 2021) (citing Soffer v. R.J. Reynolds Tobacco Co., 187 So. 3d 1219, 1221 (Fla. 2016) and Varnedore v. Copeland, 210 So. 3d 741, 745 (Fla. 5th DCA 2017)); see also Frugoli v. Winn-Dixie Stores, Inc., 464 So. 2d 1292, 1293 (Fla. 1st DCA 1985). Accordingly, we reverse, quash the order permitting Appellee to amend his complaint to seek punitive damages, and remand for further proceedings in accordance with this opinion.
REVERSED; ORDER QUASHED and REMANDED for further proceedings.
BOATWRIGHT, J., concurs. JAY, J., dissents, without opinion.
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Faye Crump v. AMC, 383 So. 3d 880 (Fla. 5th DCA 2024)…llowed. II. We review de novo the trial court’s order denying Crump’s motion seeking leave to assert a claim for punitive damages. See Hosp. Specialists, P.A. v. Deen, 373 So. 3d 1283, 1287 (Fla. 5th DCA 2023) (citing Werner Enters., Inc. v. Mendez, 362 So. 3d 278, 281 (Fla. 5th DCA 2023)). In doing so, we view any record or proffered5 evidence in the light most favorable to the moving 4 Given the procedural history of this case, Crump’s arguments objecting to the timeline of the hearing on her motion to ame…
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Palm Bay Towers Condo. Ass'n, Inc. v. Marrazza, 404 So. 3d 552 (Fla. 3d DCA 2025)…ek to hold PBT directly liable for its actions. As such, in addition to proving the above criteria on the part of a (Fla. 2d DCA 2021); Estate of Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005); Werner Enters., Inc. v. Mendez, 362 So. 3d 278 (Fla. 5th DCA 2023). Recently, the Fourth District, in Federal Ins. Co. v. Perlmutter, 376 So. 3d 24, 38 (Fla. 4th DCA 2023) (en banc), held that the trial court must “make a preliminary determination of whether a reasonable jury, viewing the…1 / 2
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John Knox Vill. of Cent. Fla., Inc. v. Est. of Alma Jane Lawrence, 379 So. 3d 1205 (Fla. 5th DCA 2024)…ws the trial court’s ruling on a motion for leave to amend a complaint to assert a claim for punitive damages de novo. See Hosp. Specialists, P.A. v. Deen, 48 Fla. L. Weekly D2214 (Fla. 5th DCA Nov. 21, 2023) (citing Werner Enters., Inc. v. Mendez, 362 So. 3d 278, 281 (Fla. 5th DCA 2023)). Section 400.0237 requires “a showing by admissible evidence.” § 400.0237(1), Fla. Stat.; see also Croft, 299 So. 3d at 590. The record evidence or proffer to support a punitive damages claim must be timely served on all…1 / 2
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Soffer v. R.J. Reynolds Tobacco Co., 187 So. 3d 1219 (Fla. 2016)
- Birdie M. Varnedore, M.D. v. Copeland, 210 So. 3d 741 (Fla. 5th DCA 2017)
- Fritz L. Frugoli v. Winn-Dixie Stores, Inc., 464 So. 2d 1292 (Fla. 1st DCA 1985)