BEVERLY ENTERPRISES-FLORIDA, INC., D/B/A BEVERLY GULF COAST-FLORIDA, INC., D/B/A WELLINGTON MANOR NURSING HOME, PETITIONER,
v.
THE ESTATE OF MARGARET MAGGIACOMO, DECEASED, BY AND THROUGH THE PERSONAL REPRESENTATIVE, DOUGLAS B. STALLEY, RESPONDENT
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The court held that the facts presented were insufficient to establish a prima facie case for punitive damages against the employer based on vicarious liability.
Plaintiff sued a nursing home for deprivation of rights after a ring was stolen from a resident, causing bruising. The resident later died of unrelate…
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[*817] PATTERSON, Judge.
Beverly Enterprises-Florida, Inc. (Beverly) seeks certiorari review of the trial court’s order permitting an amendment to a complaint to add a claim for punitive damages. We have jurisdiction. See Manor Care of Fla., Inc. v. Olt, 620 So. 2d 1297 (Fla. 2d DCA 1993).
Douglas Stalley, as the personal representative of the estate of Margaret Maggiacomo, sued Beverly and sought damages for the deprivation of Mrs. Maggiacomo’s nursing home rights, pursuant to section 400.023, Florida Statutes (1993). The specific misconduct alleged is the theft of a diamond ring from Mrs. Maggiacomo’s finger. The complaint asserts that a nurse’s aid forcibly removed the ring, resulting in bruising to Mrs. Maggiaeomo’s finger. No arrest was made and Mrs. Maggiacomo subsequently died of unrelated causes.
To amend a complaint to add a claim for punitive damages, the plaintiff must provide evidence of acts which prima facie show a malicious, wanton, or willful disregard of the rights of others. Key West Convalescent Ctr., Inc. v. Doherty, 619 So. 2d 367 (Fla. 3d DCA 1993). To sustain this burden, Stal-ley relied on Mrs. Maggiacomo’s medical chart which reflected that the ring was missing and the finger was bruised and a police report which stated that an employee was a suspect.
These facts are totally inadequate to sustain a claim for punitive damages against an employer based on vicarious liability. See Mercury Motors Express, Inc. v. Smith, 393 So. 2d 545 (Fla.1981). We therefore grant the petition for writ of certiorari and quash the trial court’s order permitting the amendment of the complaint to add a claim for punitive damages.
CAMPBELL, A.C.J., and PARKER, J., concur.
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Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1 (Fla. 2004)…he person.” To construe section 400.023 as foreclosing all causes of actions for nursing home negligence which does not cause the resident’s death is to nullify section 46.021. See generally Beverly Enterprises—Florida, Inc. v. Estate of Maggiacomo, 651 So. 2d 816 (Fla. 2d DCA), quashed on other grounds, 661 So. 2d 1215 (Fla.1995) (personal representative sued on behalf of deceased resident under section 400.023 for deprivation of nursing home rights for theft of diamond ring which was allegedly forced from f…1 / 2
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Greenfield v. Manor Care, Inc., 705 So. 2d 926 (Fla. 4th DCA 1997)…he person.” To construe section 400.023 as foreclosing all causes of actions for nursing home negligence which does not cause the resident’s death is to nullify section 46.021. See generally Beverly Enterprises-Florida, Inc. v. Estate of Maggiacomo, 651 So. 2d 816 (Fla. 2d DCA), quashed on other grounds, 661 So. 2d 1215 (Fla.1995)(personal representative sued on behalf of deceased resident under section 400.023 for deprivation of nursing home rights for theft of diamond ring which was allegedly forced from fi…
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Est. OF Gertie Mae Youngblood v. Halifax Convalescent Ctr., Ltd., 874 So. 2d 596 (Fla. 5th DCA 2004)…er, this behavior must have been observed by the trial court or have record support. Dorsey. . Receded from other grounds, Melbourne v. State, 679 So. 2d 759 (Fla.1996). . But see Beverly Enterprises-Florida, Inc. v. Estate of Margaret Maggiacomo, 651 So. 2d 816 (Fla. 2d DCA 1995), quashed., 661 So. 2d 1215 (Fla.1995); Arthur v. Unicare Health Facilities, 602 So. 2d 596 (Fla. 2d DCA 1992). . District court opinions bind all Florida courts in the absence of inter-district conflict. See, Pardo v. State, 596…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mercury Motors Express, Inc. v. Smith, 393 So. 2d 545 (Fla. 1981)
- KEY W. Convalescent Ctr., Inc. v. Dinny Doherty, 619 So. 2d 367 (Fla. 3d DCA 1993)
- Manor Care OF Fla., Inc. v. OLT, 620 So. 2d 1297 (Fla. 2d DCA 1993)