Glade v. Govey
The Fourth DCA reversed a nonfinal order granting leave to add a punitive-damages claim under section 768.72 in an auto-negligence case. A proffer showing only that a driver was using a cell phone, without additional evidence that the use was so reckless as to constitute a conscious disregard for others' safety, does not establish the reasonable evidentiary basis of gross negligence or intentional misconduct required to plead punitive damages.
Key facts
- In an auto-negligence case, plaintiff Govey alleged that defendant Glade, a Lyft rideshare driver, rear-ended his car as he prepared to make a right turn off an I-95 exit ramp.
- Govey's proffer in support of leave to add a punitive-damages claim relied solely on the deposition of Glade's Lyft passenger, taken in the passenger's own separate case.
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Holdings
- Under section 768.72, a claimant seeking leave to plead punitive damages must make a reasonable showing by actual record or proffered evidence of intentional misconduct or gross negligence…
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Why it matters
This decision reinforces the Fourth DCA's Creech line and aligns with the Sixth DCA's Mercer, giving auto-negligence defense counsel a strong tool to defeat premature punitive-damages amendments premised on… — full analysis with a trial
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