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.
Key facts
- Pepsi sales representative was injured when an end-cap display shelf at a Publix store fell on him while he was unstocking the bottom shelf with upper shelves fully loaded.
- Trial court granted plaintiff leave to amend complaint to add punitive damages claim based on gross negligence.
- +2 more key facts with a free trial
Why it matters
The opinion gives defense counsel a clean, citable articulation of the probability-versus-possibility line separating gross negligence from simple negligence at the section 768.72 proffer stage, and confirms de novo… — full analysis with a trial
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