Florida’s statutes for punitive damages have gone through changes over the last 20 years. A recent decision issued by the Second District Court of Appeal (No. 2D16-1603) addresses arguments centered on which version of the punitive damages statute applied in a wrongful death action. In this case, a tobacco company appealed a second amended final judgment in favor of a daughter acting as the personal representative of her mother’s estate. The daughter filed a Florida wrongful death action against the tobacco company, alleging her mother’s death was caused by the company’s negligence, fraudulent concealment, and conspiracy to commit fraudulent concealment.
The daughter was awarded both compensatory and punitive damages. The jury found the company to be 60% responsible for the compensatory damages, awarding nearly $3 million. It also awarded over $12 million in punitive damages as related to the conspiracy and concealment claims. The trial court had previously vacated the punitive damages award, which was then reinstated by the Second District Court of Appeal. Upon remand, the daughter moved for entry of the full amount into the judgment, but the company objected. It argued the punitive damages were subject to the post-1999 statutory cap. The trial court overruled the objection and entered the full amount of damages awarded, including interest. The tobacco company appealed.
The appellate court agreed with the trial court’s determination that section 768.73(1)(a) and (b), Florida Statutes (1995) applied rather than the post-1999 version that requires punitive damages to be capped at the amount that is three times greater than the compensatory damages award. The tobacco company had argued the post-1999 version applied because the daughter’s wrongful death action was based on her mother’s death in 2007. The company also attempted to argue that even if the pre-1999 version of the punitive damages statute applied, the daughter fell short of the legal requirements by not showing the damages award was supported by clear and convincing evidence.