Crump v. Am. Multi-Cinema, Inc.
5th DCA, 3/28/24
No. 5D22-2671, 2024 WL 1313327
Judge Soud
Topics: Punitive Damages
Full Take: The 5th DCA affirmed a trial court’s order forbidding Plaintiff from presenting a claim for punitive damages. People in the parking lot of an AMC movie theatre fled inside when someone in the parking lot fired a gun. Plaintiff Crump was inside the theatre to see a film. An AMC theater employee ordered everyone to leave the theater, another theatre-goer shouted that there was an active shooter, and Plaintiff Crump was trampled by the panicked crowd on their way out.
To justify a claim for punitive damages, there has to be a reasonable basis to conclude that the defendant was personally guilty of intentional misconduct or gross negligence. The actions of AMC's employees at the time immediately after the shots were fired in the parking lot area do not rise to the level of gross negligence. They just told everyone to leave. Even if this was negligent and contrary to AMC policy, it did not show a conscious disregard or indifference to the life, safety, or rights of Crump.
