295 So.3d 1202
Fla. Dist. Ct. App.2019Background
- On December 19, 2011, 15‑year‑old Justin Dominguez climbed a bamboo stalk that contacted an FPL power line and was electrocuted and killed.
- Tricia Dominguez sued FPL for wrongful death, alleging FPL negligently failed to remove fast‑growing bamboo near the line and ignored warnings recommending removal.
- FPL’s vegetation policy classified bamboo as a "critical removal" species because of electrocution risk; an auditing contractor had recommended removal at the accident site.
- Plaintiff sought punitive damages under a direct corporate‑liability theory, tying punitive fault to Barry Grubb, the regional vegetation‑management supervisor identified as FPL’s most knowledgeable employee on the program.
- A jury awarded $12.5 million in noneconomic damages and $15 million in punitive damages; the appellate court affirmed the noneconomic award but reversed the punitive award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether punitive damages could be imposed on FPL under the direct corporate‑liability theory via a managing agent | Grubb, as regional head of vegetation management, was a managing agent whose willful ignorance and failure to remove bamboo justified punitive damages | Grubb was a midlevel supervisor who lacked authority to make corporate policy or bind FPL, so he was not a managing agent | Reversed: Grubb is not a managing agent; direct punitive liability fails |
| Whether the conduct proved amounted to the degree of culpability required for punitive damages (equivalent to criminal manslaughter) | Failure to follow FPL policy and to remove a known hazardous species despite warnings showed conscious disregard for life | The evidence at most showed negligence, not the extreme recklessness required for punitive damages | Even if Grubb were a managing agent, evidence was insufficient to meet the criminal‑manslaughter equivalence standard |
| Whether FPL was negligent in maintaining vegetation near the line, supporting the wrongful death award | FPL violated its own vegetation standards and ignored auditor warnings, creating a dangerous hazard | FPL disputed scope/knowledge and causation (contested at trial) | Noneconomic wrongful death verdict ($12.5M) affirmed without comment |
| What constitutes a "managing agent" for direct corporate punitive liability | A regional program head can be a managing agent | A managing agent must be a corporate officer or person with authority to bind or represent the corporation as a whole; midlevel managers do not qualify | Managing agent is more than a midlevel manager; must be high‑level corporate official — Grubb did not qualify |
Key Cases Cited
- Schropp v. Crown Eurocars, Inc., 654 So. 2d 1158 (Fla. 1995) (recognizes direct corporate punitive‑liability theory requiring managing‑agent conduct)
- Partington v. Metallic Eng'g Co., Inc., 792 So. 2d 498 (Fla. 4th DCA 2001) (requires willful/malicious action by a managing agent for direct corporate punitive liability)
- Taylor v. Gunter Trucking Co., Inc., 520 So. 2d 624 (Fla. 1st DCA 1988) (defining managing agent as high‑level actor whose acts may be deemed acts of the corporation)
- Valladares v. Bank of Am. Corp., 197 So. 3d 1 (Fla. 2016) (punitive conduct must be equivalent to criminal manslaughter)
- Como Oil Co., Inc. v. O'Loughlin, 466 So. 2d 1061 (Fla. 1985) (reversing punitive damages where grievous harm did not meet punitive standard)
- Capital Bank v. MVB, Inc., 644 So. 2d 515 (Fla. 3d DCA 1994) (vice president who lacked broader corporate authority was not a managing agent)
- Winn‑Dixie Stores, Inc. v. Robinson, 472 So. 2d 722 (Fla. 1985) (discussed in footnote as a case applying direct liability in a different context)