Shareholder
Florida courts treat punitive damages as an extraordinary remedy. In Turo, Inc. v. Mobley (Sixth DCA), the appellate court reversed a trial judge’s decision allowing plaintiffs to add a punitive damages claim against Turo, a car-sharing platform, emphasizing that Florida Statute § 768.72 is a real gatekeeping statute—not a formality.
What happened
The case arose from a tragic vehicle rental that ended in a tire blowout, loss of control, and a rollover crash. Plaintiffs alleged that warning signs existed before the trip and argued Turo should have restricted the vehicle or intervened. They sought leave to amend their complaint to plead punitive damages.
The legal standard in Florida
Under § 768.72, a plaintiff must make a reasonable, record-based showing before punitive damages can even be pled. To ultimately recover punitive damages, Florida law generally requires proof of either intentional misconduct (actual knowledge and deliberate wrongdoing) or gross negligence (conduct so reckless it shows a conscious disregard for safety).
Why the court said “not enough”
The Sixth DCA focused on the evidence of what Turo actually knew and what its systems actually reviewed. The court concluded the plaintiffs’ showing did not establish actual knowledge by Turo required for intentional misconduct. And even if there were arguments for “constructive knowledge” (the idea that the platform could have known), the court held that constructive knowledge plus alleged inaction still did not meet Florida’s demanding standard for gross negligence at the pleading stage.
Why this matters to Florida litigants
For plaintiffs, the decision is a reminder that punitive damages in Florida require more than a serious injury and a hindsight narrative—your evidence must connect the dots on knowledge, decision-making, and conscious disregard. For businesses, especially rideshare and car-sharing companies, the ruling highlights how internal workflows (what is reviewed, what triggers removal, and how safety issues are routed) can be outcome-determinative.
Need help evaluating a punitive damages claim or defense?
At Boatman Ricci, our Florida trial lawyers handle high-stakes personal injury, wrongful death, and complex civil litigation, including cases where punitive damages are alleged or threatened. If you’re pursuing a claim—or defending one—early strategy matters.
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