Publix Super Markets, Inc. v. Levi
A Pepsi sales representative was injured when a Publix end-cap display shelf fell on him after he unstocked the bottom shelf while the upper shelves remained fully loaded. The trial court granted leave to plead punitive damages, but the Second District reversed, holding that evidence the store manager routinely recommended vendors avoid unstocking end caps bottom-first showed at most that a fall was possible, not probable, and therefore did not reasonably show gross negligence under section 768.72.
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