Conduct to Support Punitive Damages

When should punitive damages be considered? Stated differently, when does the opposing party’s conduct rise up to the level to support an amendment to a complaint to include punitive damages? How about this discussion from a recent case as to the conduct to support punitive damages: “[L]ong-established precedent dictates that actions which deserve punitive sanctions involve outrageous conduct, malicious motive, or wrongful intention.” William Dorsky Assocs. v. Highlands Cnty. Title & Guar. Land Co., 528 So. 2d 411, 412 (Fla. 2d DCA 1988). “[P]unitive damages are reserved for truly ‘culpable conduct,' ” where the conduct is “so outrageous in character, and so...

19 May

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Asserting Basis for Punitive Damages against Corporate Entity

Posted by David Adelstein

in Trial Perspectives

A defamation claim can serve as a basis to amend a complaint to add punitive damages. From prior articles (here or here) you know that asserting a basis for punitive damages is not made as of the date the lawsuit is filed. Rather, a plaintiff must comply with the statutory, procedural requirements and move to amend to assert punitive damages by proffering evidence that there is “a reasonable showing by evidence in the record…which would provide a reasonable basis for recovery of such damages.” Fla. Stat. s. 768.72(1). There are times a plaintiff wants to attribute an employee’s defamation of character to...

01 October

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Strictly Complying with Procedural Requirements when Moving to Amend to Add Punitive Damages

Posted by David Adelstein

in Trial Perspectives

Punitive damages can be an important component of a plaintiff’s damages. No doubt about it. No defendant wants the jury to be able to determine whether to award these damages or the quantum of punitive damages associated with its/his/her gross negligence or intentional misconduct. Punitive damages can be a game changer. The objective behind punitive damages is to punish the wrongdoer-defendant and deter the wrongful conduct, rather than to compensate the plaintiff. Estate of Despain v. Avante Group, Inc., 900 So.2d 637, 640 (Fla. 5th DCA 2005). “Because the amount of an award [of punitive damages] may be a pittance to...

31 March

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Punitive Damages for Business Torts

Posted by David Adelstein

in Standard of Review, Trial Perspectives

Punitive damages can be warranted in business torts, although you are dealing with a much tougher threshold. Typically, the misconduct warranting the punitive damages needs to be intentional, i.e., the defendant had knowledge of the wrongfulness of the conduct and its high probability of damage and engaged in the misconduct anyway. See Fla. Stat. 768.72. This is because “‘the purpose of punitive damages is not to further compensate the plaintiff, but to punish the defendant for the wrongful conduct and to deter similar misconduct by it and other actors in the future.'” See Bistline v. Rogers, 42 Fla. L. Weekly...

09 July

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Asserting Punitive Damages (or Appealing the Decision to Allow for Punitive Damages)

Posted by David Adelstein

in Appeal, Standard of Review, Trial Perspectives

So, you are interested in pursuing punitive damages. Then you MUST comply with the requirements of Florida Statute s. 768.72. This statute provides in relevant part: (1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so...

Florida Statute 768.72 Tag

Conduct to Support Punitive Damages

Asserting Basis for Punitive Damages against Corporate Entity

Strictly Complying with Procedural Requirements when Moving to Amend to Add Punitive Damages

Punitive Damages for Business Torts

Asserting Punitive Damages (or Appealing the Decision to Allow for Punitive Damages)