364 So.3d 1103
Fla. Dist. Ct. App.2023Background
- Agosto’s parked car was struck by a Dealership employee (Employee) who later pleaded guilty to DUI and was fired the same day.
- Agosto sued the Dealership for negligent hiring, retention, and supervision of Employee.
- Agosto moved to amend her complaint to add punitive damages, proffering three items of evidence: a 2006 DUI conviction of Employee, a January 2020 discipline after a coworker suspected Employee was intoxicated on the job, and an assistant service manager’s observation that Employee was acting “off” or “loopy.”
- The trial court granted leave to amend, reasoning Dealership management had notice and failed to take protective measures.
- On appeal, the Fourth District held the proffer failed to show that any “managing agent” of the corporation engaged in grossly negligent conduct as required by section 768.72(3)(c), and reversed the trial court’s order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Agosto made a reasonable evidentiary showing to add punitive damages under §768.72(3)(c) | Agosto: three managers had notice of Employee’s intoxication-related issues and failed to act, amounting to corporate gross negligence | Napleton: the cited managers are mid-level supervisors, not managing agents; no managing agent had notice such that corporate culpability is shown | Reversed — plaintiff failed to show culpable corporate conduct by a managing agent; amendment improperly allowed |
Key Cases Cited
- Cleveland Clinic Fla. Health Sys. Nonprofit Corp. v. Oriolo, 357 So. 3d 703 (Fla. 4th DCA 2023) (de novo review of trial court’s reasonable‑showing ruling under §768.72)
- Bistline v. Rogers, 215 So. 3d 607 (Fla. 4th DCA 2017) (trial court must act as gatekeeper and not simply accept allegations as true)
- KIS Grp., LLC v. Moquin, 263 So. 3d 63 (Fla. 4th DCA 2019) (court must weigh evidence and act as factfinder when assessing punitive‑damage proffer)
- Partington v. Metallic Eng’g Co., 792 So. 2d 498 (Fla. 4th DCA 2001) (corporate punitive liability requires willful or malicious action by a managing agent)
- Fla. Power & Light Co. v. Dominguez, 295 So. 3d 1202 (Fla. 2d DCA 2019) (defining managing agent and rejecting liability where supervisor did not set policy)
- Ryder Truck Rental, Inc. v. Partington, 710 So. 2d 575 (Fla. 4th DCA 1998) (foreman or similar mid‑level supervisors are not managing agents)
- Taylor v. Gunter Trucking Co., Inc., 520 So. 2d 624 (Fla. 1st DCA 1988) (managing agent is a high‑level actor whose acts may be attributable to the corporation)