Matt successfully opposed a plaintiff’s motion for leave to amend the complaint to assert punitive damages in a Florida products liability and design-defect action involving an alleged defect in a propane tank valve. Applying Florida Statute § 768.72, the court held that the plaintiff failed to make the required reasonable evidentiary showing of intentional misconduct or gross negligence.

The court agreed that the plaintiff’s proffer—consisting largely of adversarial expert opinions, allegations from unrelated matters, and conclusory assertions—did not establish actual corporate knowledge, conscious disregard, or willful and wanton misconduct. Emphasizing Florida’s strict gatekeeping standard for punitive damages, the court denied the motion, preventing expansion of the case into high-exposure punitive damages litigation.

Practice Impact: The decision reinforces strong defenses for manufacturers and insurers facing punitive-damages demands and highlights the evidentiary limits on punitive claims in Florida products liability cases.

Photo by Sergei Karpow