JACMAR PACIFIC PIZZA CORPORATION, ETC., APPELLANT,
v.
JOHN A. HUSTON, APPELLEE

Fla. 5th DCA | 1987-02-12
Nos. 85-1779, 86-71
UPCHURCH, C.J., and SHARP, J., concur.
502 So. 2d 91 Florida District Court of Appeal, Fifth District (1987)

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Synopsis

Jacmar Pacific Pizza Corporation appeals a negligence judgment awarding both compensatory and punitive damages after an underage drunk driver injured Huston. The court affirms the compensatory damages but reverses the punitive damages award, holding that the evidence established negligence but not the willful and wanton conduct required for punitive damages.


Holding

The court held that while Jacmar's conduct constituted negligence warranting compensatory damages, the evidence was insufficient to establish the willful, intentional, and wanton disregard necessary to support punitive damages. The conduct did not rise to the level of flagrant misconduct or intentional disregard for others' safety required for punitive damages.


Headnotes

[1] To recover punitive damages, a plaintiff must prove the defendant's conduct was willful, intentional, and showed a wanton disregard for others.

[2] Punitive damages are intended to punish the offender and deter similar conduct, requiring behavior that transcends simple or gross negligence to reach a level of wanton i…

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Key Quotes

“In order to prove entitlement to punitive damages it is required that the plaintiff establish that the conduct of the defendant was tantamount to willful, intentional and wanton disregard for others.”

Establishes the legal standard for awarding punitive damages in Florida

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Facts & Procedural History

An underage minor consumed beer at a private company party at Shakey's Pizza Parlor, owned by Jacmar. Bartenders had instructions to check identificat…

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a judgment in a negligence case where compensatory and punitive damages were awarded.

In order to prove entitlement to punitive damages it is required that the plaintiff establish that the conduct of the defendant was tantamount to willful, intentional and wanton disregard for others. Chrysler Corporation, etc. v. Wolmer, 499 So. 2d 823 (Fla.1986); American Cynamid Co. v. Roy, 498 So. 2d 859 (Fla.1986). Here, while there was proof that appellant Jac-mar was negligent and should compensate appellee for his injuries, there was insufficient proof to establish that the conduct of appellant justifies the punitive damage award.

Appellee Huston was injured by an underage drunk driver who had consumed beer at Shakey’s Pizza Parlor, owned by Jacmar Pacific Pizza Corporation. The minor had attended a private company party at the pizza parlor. The bartenders at the pizza parlor had been instructed to use their discretion in checking identification of persons who were served alcoholic beverages at private parties.

On the night of the company party, the bartenders were instructed to serve only one man from the private party. The bartender would fill the pitcher of beer and place it on the bar for the man to take back to the tables. The female bartender testified that she only served this man. However, the minor testified that he went to the bar to have a pitcher of beer refilled and the female bartender served him. There was conflicting evidence as to whether the minor appeared to be a juvenile.

The minor was driven from the pizza parlor to a friend’s house. From there, the minor rode his motorcycle home. On the way to his house, the minor collided with Huston’s automobile.

The purposes of punitive damages, to punish the offender and to deter others from similar action, are met only when the defendant’s behavior transcends the level of simple negligence, and even gross negligence, and enters the realm of wanton intentionality, exaggerated recklessness, or such an extreme degree of negligence as to parallel an intentional and reprehensible act. American Cynamid Co. v. Roy, 498 So. 2d at 860. The character of negligence necessary to sustain a conviction for manslaughter is the same as that required to sustain a recovery for punitive damages. White Construction Co. v. Dupont, 455 So. 2d 1026, 1028 (Fla.1984). Under no view of the evidence does Jac-mar’s conduct reach the willful and wanton level necessary to support the award for punitive damages. The facts simply do not reflect the kind of flagrant misconduct that would justify a finding of intentional disregard for the safety of others.

We affirm the award of compensatory damages, but we reverse the award of punitive damages. AFFIRMED IN PART; REVERSED IN PART.

UPCHURCH, C.J., and SHARP, J., concur.


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