272 So. 3d 824
Fla. Dist. Ct. App.2019Background
- Cherelle Dukes worked as a patient care assistant in TMH's ER and resigned in lieu of termination in Sept. 2015; she sued TMH for whistleblower retaliation and defamation.
- Dukes alleged an ER supervisor told coworkers she had been terminated for “stealing,” rather than that she resigned after being confronted about personal long-distance calls.
- In Oct. 2018 Dukes moved to amend her defamation claim to add punitive damages and submitted an amended complaint and proffer, identifying the ER “director” as the actor.
- TMH opposed, arguing Dukes failed to allege or proffer evidence that corporate management knowingly condoned, ratified, or participated in the alleged defamation as required by § 768.72(3). TMH contended an ER director is not equivalent to corporate officers or board members.
- The trial court granted leave to amend; TMH petitioned this Court for certiorari review seeking to quash that order.
- The First DCA granted certiorari, holding Dukes’s motion failed to meet the statutory prerequisites for pleading punitive damages against a corporation because it lacked allegations/evidence of corporate management’s knowing participation or ratification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dukes may add punitive damages against TMH based on alleged misconduct by an ER director | Dukes: statute allows punitive damages where misconduct is condoned by the corporation’s “directors,” and the ER director’s statements justify leave to plead punitive damages | TMH: plaintiff must allege/proffer that corporate officers, directors, or managers knowingly condoned, ratified, or participated; an ER director is not corporate management and no ratification was alleged or shown | Denied: leave to add punitive damages was improperly granted because Dukes did not allege or proffer evidence that corporate management knowingly condoned, ratified, or participated as § 768.72(3) requires |
Key Cases Cited
- Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla. 1995) (certiorari available when punitive-damages statutory prerequisites not met)
- Fetlar, LLC v. Suarez, 230 So. 3d 97 (Fla. 3d DCA 2017) (punitive damages against corporation cannot be premised on non-officer employees absent allegations of management ratification)
- Wayne Frier Home Ctr. of Pensacola, Inc. v. Cadlerock Joint Venture, L.P., 16 So. 3d 1006 (Fla. 1st DCA 2009) (de novo review and discussion of evidence supporting corporate participation/condonation)
- Coronado Condo. Ass’n, Inc. v. La Corte, 103 So. 3d 239 (Fla. 3d DCA 2012) (allegations against property managers/workers insufficient without showing corporate management consent or ratification)