Vicarious Liability For Punitive Damages

20 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• U.S. Concrete Pipe Co. v. Bould
  437 So. 2d 1061· Fla.· 1983-07-07 ·cited 134×
  The Florida Supreme Court resolved a conflict between district court decisions regarding whether an insurer can avoid coverage for punitive damages assessed against an employer on the theory of negligent hiring. The Court held that when a jury verdict for punitive damages does no
• E. AIR Lines, Inc. v. Gellert
  438 So. 2d 923· Fla. 3d DCA· 1983-10-04 ·cited 56×
  Eastern Air Lines appeals a defamation judgment for compensatory and punitive damages awarded to pilot Daniel Gellert based on statements made by Eastern's news bureau director. The court affirmed the defamation finding but reversed the punitive damages award due to a change in l
• Sammie J. Rodgers v. Fisher Body Division
  739 F.2d 1102· 6th Cir.· 1984-07-13 ·cited 37×
  The court held that while liability was established, the jury's awards for compensatory and punitive damages were excessive due to inadequate guidance and speculative calculations, necessitating a new trial on damages.
• Petrites v. J. C. Bradford & Co. & Rowland Allen Hyde
  646 F.2d 1033· 5th Cir.· 1981-06-01 ·cited 24×
  The court held that punitive damages and attorneys' fees are not recoverable under Rule 10b-5, but may be available under pendent state claims, and affirmed the jury's findings regarding due diligence and the applicability of the Florida Blue Sky Law.
• Carroll AIR Sys., Inc. v. Greenbaum
  629 So. 2d 914· Fla. 4th DCA· 1993-12-01 ·cited 20×
  Carroll Air Systems appeals a judgment awarding $85,000 in compensatory damages and $800,000 in punitive damages for the wrongful death caused by an intoxicated employee's car accident. The court affirmed, holding that the employee was acting within the scope of employment at a c
• Travelers Ins. Co. v. Wilson
  261 So. 2d 545· Fla. 4th DCA· 1972-03-09 ·cited 13×
  Travelers Insurance appeals a summary judgment holding that its automobile liability insurance policy covers vicarious punitive damages assessed against the named insured (vehicle owner) based solely on the operator's gross negligence. The court affirmed, holding that such vicari
• Wells Fargo Bank, N.A. v. Elec. Funds Transfer Corp.
  326 So. 3d 753· Fla. 5th DCA· 2021-08-12 ·cited 6×
  Wells Fargo appeals a jury verdict awarding EFT approximately $2 million in compensatory damages and $5 million in punitive damages for negligent misrepresentation regarding the status of a customer's account. The appellate court affirms the compensatory damages but reverses and
• LoanFlight Lending, LLC v. Wood
  388 So. 3d 1027· Fla. 3d DCA· 2024-03-20 ·cited 4×
  A trial court properly permits a claim for punitive damages when the claimant demonstrates a reasonable basis for recovery under Florida Statute § 768.72(1), which requires a lower threshold than the clear and convincing evidence standard needed to actually award punitive damages
• Speedway Superamerica, LLC v. Dupont
  955 So. 2d 533· Fla.· 2007-04-05 ·cited 4×
• Gardner v. Federated Dep't Stores, Inc.
  907 F.2d 1348· 2d Cir.· 1990-07-10 ·cited 4×
  The court held that punitive damages were not supported by evidence of managerial ratification and that the award for deprivation of liberty was excessive, while affirming the award for past pain and suffering.
• Faye Crump v. Am. Multi-Cinema, Inc.
  383 So. 3d 880· Fla. 5th DCA· 2024-03-28 ·cited 3×
  A trial court properly denies a motion to add punitive damages claims when the plaintiff fails to plead allegations rising to gross negligence and fails to proffer evidence demonstrating a reasonable basis for recovery of such damages. The plaintiff must show conduct so reckless
• Highlands Ins. Co. v. McCUTCHEN
  486 So. 2d 4· Fla. 3d DCA· 1986-02-18 ·cited 2×
  Highlands Insurance Company appeals a summary judgment awarding $100,000 plus attorney's fees and costs to Mildred McCutchen for punitive damages coverage under an insurance policy. The court reverses and remands because genuine factual issues remain about whether the employer's
• Leon Cnty. Humane Soc'y, Inc. v. DeGROAT
  439 So. 2d 949· Fla. 1st DCA· 1983-10-13 ·cited 2×
  The court held that the case is moot because the challenged wild horse roundup has been completed and its effects cannot be undone. The court also found that future actions will not evade review due to established notice procedures.
• Partington v. Metallic Eng'g Co., Inc.
  792 So. 2d 498· Fla. 4th DCA· 2001-03-28 ·cited 1×
  The trial court erred in granting the employer's motion in limine and directed verdict, as a jury must determine if the foreman's knowledge of the employee's intoxication constituted independent negligent conduct by the employer for vicarious liability for punitive damages.
• Dany Hernandez and Miguel Hernandez v. K-Mart Corp.
  497 So. 2d 1259· Fla. 3d DCA· 1986-10-14 ·cited 1×
  The dissenting justices argue that the Fourth Amendment requires judicial authorization (a warrant) for prolonged, intrusive detentions and searches at the border, even if based on reasonable suspicion, and that probable cause is necessary for such detentions.
• McLane Foodservice, Inc. v. Wool
  Fla. 3d DCA· 2024-10-16
  A plaintiff seeking to amend a complaint to add punitive damages claims must proffer evidence that, if proven, would provide a reasonable basis for recovery by demonstrating either intentional misconduct or gross negligence meeting statutory definitions. For vicarious liability a
• Faye Crump v. AMC
  Fla. 5th DCA· 2024-03-28
  Faye Crump appealed the trial court's denial of her motion to amend her personal injury complaint to add a claim for punitive damages against AMC following injuries she sustained when a shooting in the theater parking lot caused panic and a stampede inside the theater. The Fifth
• Publix Super Mkts., Inc. v. Olivares
  Fla. 4th DCA· 2020-01-08
  A trial judge's comments during oral argument on a motion to amend a complaint to add punitive damages do not warrant disqualification when the comments are directed to the central legal issue being decided, the judge employs Socratic questioning to test the parties' arguments, a
• Fla. Hosp. Med. Servs., LLC v. Newsholme
  Fla. 4th DCA· 2018-09-05
  Section 768.72(1) requires the trial court to act as a gatekeeper and evaluate whether proffered evidence provides a reasonable evidentiary basis for punitive damages recovery; the court cannot satisfy this requirement by merely accepting the plaintiff's allegations as true.
• Austrum v. Fed. Cleaning Contractors, Inc.
  2016 U.S. Dist. LEXIS 77943· S.D. Fla.· 2016-06-03
  The court denied the defendant's motion for partial judgment as a matter of law on the plaintiff's claim for punitive damages, finding sufficient evidence for the jury to award them.