The recent number of cases involving use of cell phones while driving has given rise to concerns over whether punitive damages may be awarded to the injured party.
Since 2010, there were several decisions involving a claim for punitive damages. However, there may be a divergence of views among the counties in Florida. Although some states permit punitive damages to be awarded, Florida’s courts will only permit a claim for punitive damages in the most egregious case.
So it has been held in Broward and Collier counties that punitive damages may be claimed where a driver was texting on a cell phone while driving and a collision occurred. It may be a factor in an action against the driver’s employer, that there was a policy in place that prohibited cell phone use while driving.
The mediator must be aware of the law in the jurisdiction where the action is pending. It may be of extreme importance in a case involving multiple parties.
For more information on mediation services in South Florida contact Stanley Weissman at (561) 994-4540.