LOUIS E. GOLDKAMP, PETITIONER,
v.
LINDA SCHWARZ ROSE, RESPONDENT
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Goldkamp petitions for certiorari challenging the trial court's denial of his motion for summary judgment regarding whether Rose could pursue punitive damages despite a stipulation that neither party would receive compensatory damages. The court held that property damage claims are not subject to the threshold limitations of the Florida Automobile Reparation Act and thus can serve as a basis for punitive damages, making the case unripe for review.
Property damage claims are not subject to the threshold limitations of the Florida Automobile Reparation Act and can constitute compensatory damages sufficient to support punitive damages. The case is not yet ripe for review because the trial court has not ruled on the property damage issue.
[1] Punitive damages may be awarded if compensatory or actual damages are proven, even if some compensatory damages are barred by statutory threshold limitations.
[2] Statutory threshold limitations on personal injury claims do not apply to property damage claims.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“These property damages are clearly compensatory or actual damages which, if shown, may serve as the required basis for punitive damages.”
Establishes that property damage can constitute compensatory damages supporting punitive damages claims.
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Join FLexlaw to unlock all legal intelligenceThe parties stipulated that neither would be entitled to compensatory damages under section 627.737 of the Florida Statutes. However, Rose's Pre-Trial…
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COBB, Judge.
Petitioner Goldkamp challenges the trial court’s denial of a motion for summary judgment where the sole question the parties sought to have determined was whether defendant/counterclaimant Rose could maintain her claim for punitive damages in spite of the fact that counsel for the parties stipulated that neither party will be entitled to any compensatory damages under the threshold requirements of section 627.-737, Florida Statutes (1979). However, the Pre-Trial Order incorporates by reference defendant Rose’s Compliance With Order For Pre-Trial Conference, which in turn lists as special damages not only medical expenses but also property damage for loss of an auto. These property damages are clearly compensatory or actual damages which, if shown, may serve as the required basis for punitive damages. See McLain v. Pensacola Coach Corp., 152 Fla. 876, 13 So. 2d 221 (1943). Even though some of the claimant’s compensatory damages may be barred by the Florida Automobile Reparation Act’s threshold limitations on personal injury claims,1 these threshold limits are not applicable to property damage claims. Faulkner v. Allstate Ins. Co., 367 So. 2d 214 (Fla.1979); Kluger v. White, 281 So. 2d 1 (Fla.1973).
We do not undertake to determine the effect of the stipulation by counsel in regard to presentation at trial of property damage nor foreclose any issue as to the counterclaimant’s possible waiver of a property damage claim. At this point, the property damage claim is still before the trial court. Until the trial court rules on the property damage issue, the case is not ripe for review. Finding no departure from the essential requirements of law, certiorari is hereby
DENIED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur. . See, § 627.737, Fla.Stat. (1979).
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Citator
Authorities Cited
- Kluger v. Bernadette White & Manchester Ins. & Indem. Co., 281 So. 2d 1 (Fla. 1973)
- Gertrude McLAIN v. Pensacola Coach Corp., 152 Fla. 876 (Fla. 1943)
- Paul B. Faulkner et ux. v. Allstate Ins. Co., 367 So. 2d 214 (Fla. 1979)