COMMERCIAL CARRIER CORP., PETITIONER,
v.
CHERYL ROCKHEAD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARK ADRIAN ROCKHEAD, DECEASED, RESPONDENT
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Florida appellate court quashed an order denying a motion to strike punitive damages in a motor vehicle accident case, holding that such orders are reviewable by certiorari and that mere negligent driving cannot support punitive damages.
An order denying a motion to strike a punitive damages claim under Fla. Stat. § 768.72 is reviewable by certiorari, and punitive damages cannot be awarded for simple negligent driving in a motor vehicle accident.
[1] An order denying a motion to strike a punitive damages claim under Fla. …
[2] Punitive damages are not recoverable in a motor vehicle accident case based solely on negligent driving.
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Join FLexlaw to unlock all legal intelligenceA motor vehicle accident occurred involving negligent driving by one or both parties, and the defendant moved to strike the punitive damages claim.…
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SCHWARTZ," Chief Judge.
As we have previously indicated in Key West Convalescent Center, Inc. v. Doherty, 619 So. 2d 367 (Fla. 3d DCA 1993), we follow Henn v. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991) (en banc) in concluding— notwithstanding Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987), which did not consider the statute — that an order denying a motion to strike a punitive damages claim as unjustified under section 768.72, Florida Statutes (1991) is reviewable by certiorari. Accord Kraft Gen. Foods, Inc. v. Rosenblum, 635 So. 2d 106 (Fla. 4th DCA 1994); Torcise v. Homestead Properties, 622 So. 2d 637 (Fla. 3d DCA 1993), review denied, 634 So. 2d 624 (Fla.1994); see Will v. Systems Eng’g Consultants, Inc., 554 So. 2d 591 (Fla. 3d DCA 1989); Wolper Ross Ingham & Co. v. Liedman, 544 So. 2d 307 (Fla. 3d DCA 1989). Contra Chrysler Corp. v. Pumphrey, 622 So. 2d 1164 (Fla. 1st DCA 1993); Harley Hotels, Inc. v. Doe, 614 So. 2d 1133 (Fla. 5th DCA 1993), review denied, 626 So. 2d 205 (Fla.1993).
On the merits, it is apparent that the circumstances of this case — a motor vehicle accident in which there is evidence of little, if anything, more than simply negligent driving by either or both of the parties involved — fall far short of those required to support an action for punitive damages. See White Constr. Co. v. DuPont, 455 So. 2d 1026 (Fla.1984). Accordingly, the order under review is quashed.
Certiorari granted.
LEVY, J., concurs.
NESBITT, Judge,
dissenting:
I respectfully dissent for the reasons expressed in and on authority of Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987) (district court does not have jurisdiction by common law certiorari to review the denial of a motion to strike punitive damage claim).
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Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla. 1995)…by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” Without that showing, no “discovery of financial worth shall proceed.” The opinion in Commercial Carrier Corp. v. Rockhead, 639 So. 2d 660, 661 (Fla. 3d DCA 1994), cogently illustrates the point: On the merits, it is apparent that the circumstances of this case — a motor vehicle accident in which there is evidence of little, if anything, more than simply negligent driving by either o…1 / 4
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Globe Newspaper Co. v. King, 643 So. 2d 676 (Fla. 1st DCA 1994)…. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991), and Kraft General Foods, Inc. v. Rosenblum, 635 So. 2d 106 (Fla. 4th DCA 1994), rev. denied, 642 So. 2d 1363 (1994); and with the Third District Court of Appeal in Commercial Carrier Corp. v. Rockhead, 639 So. 2d 660 (Fla. 3d DCA 1994). JOANOS, WOLF and BENTON, JJ., concur.…
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Sports Prods. v. Est. OF Marianne Inalien, 658 So. 2d 1010 (Fla. 4th DCA 1994)…rtiorari jurisdiction to conduct an immediate review of the findings of fact made in the course of that inquiry. We acknowledge conflict with those decisions that have granted certiorari review in such a case, Commercial Carrier Corp. v. Rockhead, 639 So. 2d 660 (Fla. 3d DCA 1994), and Key West Convalescent Center, Inc. v. Doherty, 619 So. 2d 367 (Fla. 3d DCA 1993). STONE, POLEN and FARMER, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- White Constr. Co., Inc. v. Dupont, 455 So. 2d 1026 (Fla. 1984)
- Henn v. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991)
- KEY W. Convalescent Ctr., Inc. v. Dinny Doherty, 619 So. 2d 367 (Fla. 3d DCA 1993)
- Houston v. State, 635 So. 2d 106 (Fla. 4th DCA 1994)
- Nickerson v. State, 635 So. 2d 106 (Fla. 4th DCA 1994)
- Will v. Sys. Eng'g Consultants, Inc., 554 So. 2d 591 (Fla. 3d DCA 1989)
- Wolper Ross Ingham & Co., Inc. v. Liedma, 544 So. 2d 307 (Fla. 3d DCA 1989)
- Harley Hotels, Inc. v. DOE, 614 So. 2d 1133 (Fla. 5th DCA 1993)
- Perez-Fagundo v. State, 622 So. 2d 637 (Fla. 3d DCA 1993)