Daytona Beach Personal Injury Lawyers
Free Consultations 386.258.1622

Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amended complaint to motion to add punitive damages claim

On September 6, 2017, in Fetlar v. Suarez, No. 3D17-1315, the Florida Third DCA granted a wrongful death defendant’s certiorari petition and quashed a trial court’s order allowing the plaintiff to amend their complaint to add a punitive damages claim. The Court concluded that that the plaintiff’s motion was defective under Fla. R. Civ. P. 1.190(f) because the plaintiff failed to attach a copy of the proposed amended complaint to the motion to amend. The Court also noted that the plaintiff had failed to serve one of the deposition transcripts supporting the motion at least 20 days before the hearing on the motion, breaching an additional requirement of Rule 1.190(f). Finally, the Court stated that the plaintiff sought to impute punitive negligence liability to the defendant companies based on actions of their non-officer employees without establishing that the defendants actively and knowingly participated in the conduct, ratified the conduct, or participated in activity that constituted gross negligence, as required to establish liability under Section 768.72, Florida Statutes.