Background
Tamoy Aji-Dawkins sued Estancia US Limited Partnership, operator of a Fort Myers Beach hotel, after she allegedly fell from a second-story walkway when a PVC railing collapsed in April 2023. The railing had been installed after Hurricane Ian damaged and removed a portion of the walkway.
Aji-Dawkins sought leave to add punitive damages based on gross negligence. The trial court granted the motion after her counsel argued that Estancia’s owner knowingly directed installation of an unsafe “breakaway” railing despite warnings from maintenance workers and knowledge of a similar prior incident involving a child.
The Court’s Holding
The Sixth District reversed and remanded with instructions to vacate the order allowing the punitive-damages amendment. Reviewing de novo, the court held that Aji-Dawkins did not make the reasonable evidentiary showing required by section 768.72(1), Florida Statutes, for punitive damages based on gross negligence.
The deposition record did not support counsel’s assertions. Santiago testified he did not tell Estancia’s owner that the PVC railing was unsuitable until after Aji-Dawkins’ fall, and he did not testify that he informed the owner of the earlier incident. Almestica testified that no one raised safety concerns and did not describe the railing as a breakaway railing. The court also directed its clerk to send the opinion to The Florida Bar because trial counsel’s representations mischaracterized the record.
Key Takeaways
- A punitive-damages amendment requires a reasonable evidentiary basis under section 768.72(1).
- Evidence must support the claimed conscious disregard for safety; unsupported argument is insufficient.
- Lawyers must accurately represent the evidentiary record and correct material misstatements.
Why It Matters
The decision reinforces that punitive damages remain an exception in negligence cases and cannot be pleaded based on factual assertions that the record does not support. It also underscores appellate courts’ willingness to address counsel’s candor obligations when misstatements materially affect a trial court’s ruling.