terry's takes
Filtered by category: proximate causeJune 14, 2023
4th dca, intervening cause, proximate cause, summary judgement standardSerrano v. Dickinson
a good outcome for a plaintiff! this case arises out of two accidents that occurred within a short time on a rainy afternoon on the florida turnpike. defendant dickinson lost control of her jeep, which collided with the median barrier and came to rest i...
read moreJune 14, 2023
4th dca, intervening cause, proximate cause, summary judgement standardDeSanto v. Grahn
In DeSanto v. Grahn, the Fourth District Court of Appeal reversed a trial court’s decision allowing former clients of disbarred attorney Richard John DeSanto to pursue punitive damages. The Fourth DCA clarified that under Section 768.72(1), Fla. Stat., and Rule 1.190(f), punitive damages claims require a “reasonable showing by evidence” either in the record or proffered to substantiate the claim. Here, DeSanto’s former clients argued that anticipated evidence, rather than existing evidence, sufficed for their punitive damages claim. The DCA, however, sided with DeSanto, emphasizing that mere pleadings or unverified records from unrelated disbarment proceedings do not meet the evidentiary standard required to seek punitive damages. The appellate court highlighted the necessity of actual evidence to prevent baseless punitive damages claims. Reversed and remanded
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