MAJOR PUNITIVE DAMAGE CASE IN FLORIDA PROBATE !!: APPEALS COURT UPHOLDS $25 MILLION punitive damage award of jury
The Florida appeals court sitting in West Palm Beach, Florida issued an historic and MAJOR opinion involving punitive damages and a Florida estate for a Florida citizen who died a resident of Broward County, Florida.
This is major ! Florida lawyers who litigate probate and estate matters, and especially Florida trust matters, should take note.
This Florida lawsuit’s opinion was issued literally yesterday; it is hot off the presses and only a day old!
This was the case of a tobacco plaintiff which was the estate of the dead smoker. The estate executor, or the Florida personal representative, filed a lawsuit against tobacco companies and was awarded $5 Million in damages and $25 Million in punitive damages in favor of the Florida estate and against the defendants. The recently issued opinion withdraws a prior opinion: this opinion also denies a motion for rehearing and substitutes the December 11, 2013 opinion for its prior one.
The jury awarded $25 Million in punitive damages which the trial court reduced to $15 Million. The tobacco companies, as expected, filed an appeal, arguing, among other things, that the Florida estate was not entitled to the punitive damages and that the punitive damages were excessive. The appeals court sided with the personal representative of the Florida estate: in essence, saying that $25 Million was not excessive.
This is major ! Probate lawyers and those Florida lawyers from Palm Beach, Florida to Martin County, Florida to Broward County should take note. This is an important punitive damage case in Florida. Although the case is remanded to the trial court for an issue on the statute of repose, this is important for probate lawyers and estate lawyers to understand: and certainly is important for Florida probate trial attorneys, those that handle trials and litigation in Florida for estates and executors.
Whether a Palm Beach or Broward probate court may, or may not, permit a a Florida estate, as plaintiff, to seek punitive damages depends on a number of factors which must be considered at a full blown evidentiary hearing. In other words, if a Florida estate wants to seek punitive damages, it can’t do so as of right. There are Florida procedures and “hoops” to jump through.
There has always been an argument about the amount of punitive damages which may be awarded: in this case, the punitive damages which were awarded to the Broward County, Florida estate was more than three times the damages. Some Florida legal commentators have suggested that punitive damages must be “capped” at three times (3x) actual damages. Not so in Florida’s 4th District Court of Appeals. So, if you involved in a trial in Martin County, Broward County, or Palm Beach, this case is precedent and is controlling. Very important.
If you administer a Palm Beach, Miami Dade, Broward or Martin County, Florida estate or want a copy of this very recent, hot off the presses opinion, please email michelle@pankauskilawfirm. Advocate hard. Litigate smart.