Turo, Inc. v. Cynthia Mobley, et al.
Plaintiffs were injured in a tire blowout on a vehicle rented through Turo's car-sharing platform; one passenger died. Pre-trip inspection photos showed the tire pressure warning light illuminated in 55 of 79 prior photos. Plaintiffs moved to add punitive damages under §768.72. The trial court granted the motion; the Sixth DCA reversed. Turo's failure to affirmatively review data it collected (pre-trip photos) could not supply actual knowledge of intentional misconduct, and the constructive notice of a faulty warning light sensor did not rise to the conscious disregard standard for gross negligence.
Key facts
- In May 2023, plaintiffs rented a vehicle listed by owner Paulo Oliveira on Turo's car-sharing platform; when driver Cynthia Mobley started the vehicle, the tire pressure sensor warning light was illuminated; Mobley messaged Oliveira through the Turo app and Oliveira replied that the 'light is on all the time, one of the sensors are not working, tires are great.'
- Shortly into the drive, the right rear tire blew out, causing the vehicle to fishtail, veer off the road, and flip several times; one passenger was killed and all others claimed injury; plaintiffs filed suit against Turo and Oliveira.
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Holdings
- Section 768.72(1) requires a reasonable evidentiary showing providing a reasonable basis for recovery of punitive damages before a claim may be permitted.
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Why it matters
Significant for the car-sharing and gig-economy platform industry: a platform's failure to affirmatively review data it collects does not automatically supply actual knowledge sufficient to support punitive damages… — full analysis with a trial
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