Bank of America Corp. v. Valladares
141 So. 3d 714
Fla. Dist. Ct. App.2014Background
- Valladares sued Bank of America for injuries after the bank mistakenly reported him to police as a bank robber.
- Police responded; Valladares was ordered to lie face down; an officer kicked Valladares in the head when he failed to show a hand.
- Claims included battery, false imprisonment, and negligence, with punitive damages sought for battery and false imprisonment.
- Jury found Bank negligent; other liability and causation findings against Bank; damages included past/future medical expenses, past/future pain and suffering, and punitive damages.
- Bank argued it could not be liable for negligently reporting a crime; trial court rejected this defense; Bank appeals on several grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a good-faith negligent report to police can be the basis of liability | Valladares argues negligence supports liability. | Bank argues no liability for a good-faith report to police. | Reversed; simple negligence not a proper theory. |
Key Cases Cited
- Pokorny v. First Federal Savings & Loan Association of Largo, 382 So. 2d 678 (Fla. 1980) (qualified privilege for good-faith reports; malice required for liability)
- Fridovich v. Fridovich, 598 So. 2d 65 (Fla. 2006) (encouraging free and unhindered communication to assist authorities)
- Burns v. GCC Beverages, Inc., 502 So. 2d 1217 (Fla. 1986) (public policy balancing protection from accusations with reporting crime)
- Harris v. Lewis State Bank, 482 So. 2d 1378 (Fla. 1st DCA 1986) (negligent but good-faith reporting; conflict with other authorities)
- Manis v. Miller, 327 So. 2d 117 (Fla. 2d DCA 1976) (defamation and reporting immunity context)
- Bowmar Instrument Corp., 537 So. 2d 561 (Fla. 1988) (reminding limits on remand after appellate reversal)