Estancia US Limited Partnership d/b/a Latitude 26 Waterfront Resorts v. Tamoy Aji-Dawkins
The Sixth DCA reversed an order granting leave to amend to add a punitive damages claim in a premises liability case where a PVC railing at a hurricane-damaged hotel collapsed. Applying the Florida Supreme Court's recent Perlmutter framework, the court held the deposition testimony did not support the plaintiff's theory that the hotel owner knew the railing was a dangerous "breakaway" railing or knew of a prior incident, and that plaintiff's trial counsel had misrepresented the record to the trial court. The court directed the Clerk to forward the opinion to The Florida Bar.
Key facts
- Estancia US Limited Partnership, owner of a hurricane-damaged waterfront hotel, was sued by guest Tamoy Aji-Dawkins for premises liability after a PVC railing collapsed causing injury.
- The trial court granted plaintiff's motion for leave to amend the complaint to add a punitive damages claim based on allegations that the hotel owner knew the railing was a dangerous 'breakaway' railing or knew of a prior railing failure.
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Why it matters
This is one of the first Sixth DCA opinions applying the Florida Supreme Court's June 2026 Perlmutter decision to a section 768.72 punitive damages proffer, and it usefully separates the deferential 'reasonable person'… — full analysis with a trial
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