When You Can Seek Punitive Damages in a Florida Car Accident Lawsuit?
In any Florida personal injury case, the plaintiff can seek economic and non-economic damages as compensation for the losses they directly sustained as a result of the defendant’s negligent conduct. Depending on the facts of the case, the plaintiff may also be allowed to seek punitive damages. Unlike compensatory damages, punitive damages are a form of civil punishment meant to “send a message” that certain types of conduct are particularly egregious.
Appeals Court Looks at Car Accident Involving Industrial Forklift
Under Florida civil procedure, a plaintiff may file a motion to amend their personal injury lawsuit to plead a claim for punitive damages. The judge will only allow such an amendment, however, if there is evidence that would allow a jury to find that the defendant “was personally guilty of intentional misconduct or gross negligence.” In other words, it is not enough to prove the defendant was merely negligent, which is the standard for awarding compensatory damages.
A recent decision from the Florida Fourth District Court of Appeals, Robertson v. Antoine, illustrates how judges can disagree over whether a plaintiff’s claim for punitive damages meets this heightened statutory requirement. This case involved an accident where the defendant was driving his employer’s industrial forklift on a public highway. The forklift collided with the plaintiff’s car as she was driving on the same road.
The plaintiff subsequently sued the forklift driver and his employer. The defense admitted liability the driver operated the forklift “on the wrong side of the roadway” in violation of Florida law. Based on this and other evidence, the plaintiff sought to amend her complaint to add a claim for punitive damages. The trial judge allowed the claim, which prompted the defense to appeal to the Fourth District.
A divided three-judge panel reversed the trial court’s decision and held that the plaintiff could not proceed with her claim for punitive damages. The panel majority explained that the trial judge allowed the claim based on “intentional misconduct.” This requires proof that the defendant had “actual knowledge” that their wrongful conduct would create a “high probability” of injury to the plaintiff. Here, the majority said while the defendant “may have been mistaken” that he could safely operate his forklift on a public road, that did not demonstrate the “actual knowledge” required by the statute.
The dissenting judge, however, argued that even if the defendant’s actions did not constitute “intentional misconduct,” a jury could still award punitive damages based on the alternative ground of “gross negligence.” This requires proof that the defendant engaged in conduct that was reckless enough to create a “conscious disregard or indifference” to the safety of others. The dissent said that driving an industrial forklift “against traffic on a public road at dawn during rush hour” could meet that standard.
Contact a Pasco County Car Accident Lawyer Today
Punitive damages are just one aspect of Florida personal injury law that can affect your ability to seek compensation for a motor vehicle crash. Our Pasco County car accident attorney can review your case and advise you of your rights in this area. Contact Wendy Doyle-Palumbo, Esq., today at (727) 233-2134 to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=8025591162090501574