Belle Glade Chevrolet-Cadillac Buick Pontiac Oldsmobile, Inc. v. Figgie
2010 Fla. App. LEXIS 19092
| Fla. Dist. Ct. App. | 2010Background
- Plaintiff purchased a defective 1998 Jaguar from Belle Glade and paid $10,000 via a broker.
- The engine failed and odometer mileage increased after the test drive; Belle Glade refused a refund.
- Plaintiff asserted multiple theories: theft, conversion, negligence, contract, FDUTPA, and fraud with punitive damages.
- Discovery violations led to sanctions: default against Belle Glade and bar on low-net-worth defense.
- After sanctions, compensatory damages were established and punitive damages were tried; jury awarded $100,000 punitive damages.
- Court later reversed punitive damages on appeal and remanded for new punitive-damages trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in sanctions for discovery violations | Figgie supports sanctions due to Belle Glade's contumacious discovery failures | Belle Glade contends sanctions were excessive and improper | No abuse of discretion; sanctions affirmed |
| Whether low net worth defense was properly disallowed | Discovery sanction warranted excluding net-worth defense | Net-worth defense should be allowed with sanctions | Disallowance affirmed; no error in sanctioning |
| Whether jury instructions improperly invaded the punitive-damages province | Instructions properly allowed punitive-damages award | Instructions impermissibly described conduct and invaded jury function | Punitive-damages instruction reversed; remand for new trial on punitive damages |
| Whether denial of multiplier on attorney’s fees was proper | Multiplier appropriate under fee-shifting theories | No clear entitlement to multiplier under statutes | Issue deemed moot on remand; multiplier ruling not reached |
Key Cases Cited
- Humana Health Ins. Co. of Florida, Inc. v. Chipps, 802 So.2d 492 (Fla. 4th DCA 2001) (reversed punitive damages where instructions summarized conduct)
- Nordyne, Inc. v. Florida Mobile Home Supply, Inc., 625 So.2d 1283 (Fla. 1st DCA 1993) (caution on remand to avoid prejudicing punitive-damages consideration)
- Nationwide Lift Trucks, Inc. v. Smith, 832 So.2d 824 (Fla. 4th DCA 2002) (abuse of discretion standard for discovery sanctions)
- Mercer v. Raine, 443 So.2d 944 (Fla. 1983) (sanctions for discovery violations upheld where contumacious conduct shown)