Limousines of South Florida, Inc. v. Levit
The Third District reversed an order allowing plaintiffs to amend to add punitive damages against a shuttle company whose driver allegedly lacked a passenger endorsement and rear-ended the plaintiffs' car. The court held that a licensing or traffic violation, standing alone, is neither 'intentional misconduct' nor 'gross negligence' under section 768.72, and that the licensing deficiency bore no nexus to the conduct (failure to timely brake) that caused the harm.
Key facts
- Limousines of South Florida, Inc. sued a shuttle company after the company's driver rear-ended plaintiffs' car; plaintiffs sought to amend the complaint to add punitive damages based on the driver's lack of a passenger endorsement on his license.
- The trial court granted plaintiffs' motion to amend and add punitive damages; the Third District Court of Appeal reversed, holding that a licensing violation alone cannot support a punitive damages claim under section 768.72.
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Why it matters
This opinion consolidates the growing post-Perlmutter body of law on section 768.72 proffers and expressly applies the 'additional act' requirement from the cell-phone and expired-license cases to licensing-endorsement… — full analysis with a trial
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