FARAHNAZ GHANDI MCGLOTHIN
v.
KYLE MCDONALD
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A party seeking to amend a complaint to add a punitive damages claim must proffer evidence establishing intentional misconduct or gross negligence, including actual knowledge of wrongfulness or high probability of harm, and punitive damages cannot be pleaded as a standalone count.
[1] A claim for punitive damages requires a proffer demonstrating actual knowledge of the wrongfulness of the conduct or a high probability of harm.
[2] A proposed amended complaint improperly sets forth a claim for punitive damages as a stand-alone count.
Previewing 2 of 3 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“Appellee proffered nothing to suggest that Appellant had 'actual knowledge' of the wrongfulness of her conduct or that there was a high probability that it would result in harm to Appellee.”
The court's explanation of why the proffer was insufficient to support punitive damages under Werner Enters., Inc. v. Mendez.
Appellant placed concrete blocks that restricted drainage through a common grate, causing damage. Appellee sought to amend his complaint to add a clai…
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December 8, 2023 EDWARDS, C.J.
Appellant, Farahnaz Ghandi McGlothin, appeals the trial court’s order granting Appellee, Kyle McDonald’s, motion to amend his complaint to add a claim for punitive damages. We agree that Appellee’s proffer was insufficient to support a claim that Appellant’s placement of concrete blocks that restricted drainage through a common grate constituted intentional
misconduct or gross negligence. Appellee proffered nothing to suggest that Appellant had “actual knowledge” of the wrongfulness of her conduct or that there was a high probability that it would result in harm to Appellee. See Werner Enters., Inc. v. Mendez, 362 So. 3d 278, 282 (Fla. 5th DCA 2023). Furthermore, Appellee’s proposed amended complaint improperly set forth his claim for punitive damages as a stand-alone count. See Keen v. Jennings, 327 So. 3d 435, 438–39 (Fla. 5th DCA 2021) (citing Soffer v. R.J. Reynolds Tobacco Co., 187 So. 3d 1219, 1221 (Fla. 2016) and Varnedore v. Copeland, 210 So. 3d 741, 745 (Fla. 5th DCA 2017)); see also Frugoli v. Winn-Dixie Stores, Inc., 464 So. 2d 1292, 1293 (Fla. 1st DCA 1985). Accordingly, we reverse, quash the order permitting Appellee to amend his complaint to seek punitive damages, and remand for further proceedings in accordance with this opinion.
REVERSED; ORDER QUASHED and REMANDED for further proceedings. BOATWRIGHT, J., concurs. JAY, J., dissents, without opinion.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Farahnaz Ghandi McGlothin v. McDonald (Fla. 5th DCA 2023)…or gross negligence. Appellee proffered nothing to suggest that Appellant had “actual knowledge” of the wrongfulness of her conduct or that there was a high probability that it would result in harm to Appellee. See Werner Enters., Inc. v. Mendez, 362 So. 3d 278, 282 (Fla. 5th DCA 2023). Furthermore, Appellee’s proposed amended complaint improperly set forth his claim for punitive damages as a stand-alone count. See Keen v. Jennings, 327 So. 3d 435, 438–39 (Fla. 5th DCA 2021) (citing Soffer v. R.J. Reynol…1 / 2
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Faye Crump v. Am. Multi-Cinema, Inc., 383 So. 3d 880 (Fla. 5th DCA 2024)…llowed. II. We review de novo the trial court’s order denying Crump’s motion seeking leave to assert a claim for punitive damages. See Hosp. Specialists, P.A. v. Deen, 373 So. 3d 1283, 1287 (Fla. 5th DCA 2023) (citing Werner Enters., Inc. v. Mendez, 362 So. 3d 278, 281 (Fla. 5th DCA 2023)). In doing so, we view any record or proffered5 evidence in the light most favorable to the moving 4 Given the procedural history of this case, Crump’s arguments objecting to the timeline of the hearing on her motion to ame…
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Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Soffer v. R.J. Reynolds Tobacco Co., 187 So. 3d 1219 (Fla. 2016)
- Birdie M. Varnedore, M.D. v. Copeland, 210 So. 3d 741 (Fla. 5th DCA 2017)
- Farahnaz Ghandi McGlothin v. McDonald (Fla. 5th DCA 2023)
- Fritz L. Frugoli v. Winn-Dixie Stores, Inc., 464 So. 2d 1292 (Fla. 1st DCA 1985)
- Werner Enters., Inc. v. Carson Mendez (Fla. 5th DCA 2023)