Articles Posted in Serious Injury

In a tort case (GISELLE GATTORNO and DAVID IGLESIAS, Appellants, v. STEVEN SOUTO, Appellee. 3rd District. Case No. 3D23-0639. L.T. Case No. 21-22353. March 27, 2024) involving a pedestrian struck by a vehicle, the plaintiff sustained permanent and severe injuries when he was pinned between two vehicles after the defendant reversed out of a parking space. The plaintiff sought punitive damages, alleging that the driver was intoxicated when she struck him with a car owned by a codefendant. The trial court permitted the plaintiff to amend the complaint to include the claim for punitive damages. Upon review, it was determined that the trial court appropriately considered and weighed the evidence presented by both parties, acting as a factfinder and fulfilling its role as a gatekeeper. Consequently, the trial court’s decision to grant the plaintiff’s motion for punitive damages was deemed appropriate, as the plaintiff provided a reasonable evidentiary basis for such recovery.

In Florida, punitive damages serve not to compensate the plaintiff further but to penalize the defendant for wrongful behavior and to discourage similar actions by them and others in the future (Manheimer v. Fla. Power & Light Co., 48 Fla. L. Weekly D1495, 2023 WL 4919540, at *2 (Fla. 3d DCA Aug. 2, 2023), quoting Owens-Corning Fiberglas Corp. v. Ballard, 749 So. 2d 483, 486 (Fla. 1999)). Section 768.72(1) outlines that in any civil action, punitive damages can only be pursued if there is sufficient evidence in the record or presented by the claimant to justify such damages. Essentially, the statute requires the trial court to act as a gatekeeper, preventing claims for punitive damages where there is no reasonable basis for recovery (KIS Grp., LLC v. Moquin, 263 So. 3d 63, 65 (Fla. 4th DCA 2019)). This role is crucial because punitive damages significantly impact litigation, exposing the defendant to financial scrutiny and potential uninsured losses (Manheimer, 48 Fla. L. Weekly D1495 at *2). In determining whether punitive damages are warranted, the trial court must carefully evaluate the evidence presented by both parties, weighing each party’s submissions and acting as a factfinder (Manheimer, 48 Fla. L. Weekly D1495 at *3). However, the statute does not demand that plaintiffs prove entitlement to punitive damages by clear and convincing evidence at the pleading stage, as imposing such a requirement would undermine the statute and hinder a claimant’s ability to seek punitive damages (Deaterly v. Jacobson, 313 So. 3d 798, 801 (Fla. 2d DCA 2021)).

Giselle Gattorno and David Iglesias, who were defendants in the lower court, are appealing a nonfinal order that granted Steven Souto’s motion to amend his complaint to include a claim for punitive damages. The appellants argue that the trial court made an error in allowing the amendment, stating that Souto failed to present sufficient evidence to justify the claim for punitive damages, as required by section 768.72(1) of the Florida Statutes (2021). The lawsuit stems from an incident in which Gattorno, driving Iglesias’ car, reversed out of a parking space, causing Souto severe injuries. Souto sued Gattorno and Iglesias for negligence, alleging that Gattorno operated the car negligently and that Iglesias, as the car owner, was vicariously liable.

The Miami Beach Gay Pride mission statement is aimed towards bringing together the people of the lesbian, gay, bisexual, and transgender community, as well as their allies, supporters, and friends to celebrate the incredible culture and spirit of the LGBTQ community. The event is celebrating its tenth anniversary this year and organizers expect even more than the estimated 135,000 attendees of 2017.  While much of the focus remains on enjoying the event, it is also important to remain vigilant against all forms of hate crimes. We, as a community, must always remember that no one counts unless everyone counts.

At Wolfson & Leon, our hate crime injury lawyers in Miami have helped victims who were seriously hurt since 1963. Our service to the community has always included those who were injured or worse due to hate crimes.  All too often, crime victims who suffer injuries or families who lose a loved one to a criminal act feel that there is no possible way to get any measure of justice. But in some cases, knowledge of the law and how to conduct a thorough investigation will shine the light on a potentially responsible individual or company who was not apparent at the time of the crime.

If you need additional information on hate crimes and the organizations that exist to help, we would suggest you consider the following:

Miami Beach could be the next town to promote usage of handheld panic buttons for hotel workers. Following the example of other cities, including Chicago and Seattle, hotel workers could be provided with an alarm for protection against sexual harassment and assaults. The proposal aims to introduce a portable panic button that will be connected to the hotel security system. In case of an assault or harassment, the push of the button will inform the security about the attack and will allow them act as expected.

Although sexual harassment and assault has always existed, now people speak about it louder than before. This issue has been put under the carpet for very long, but now many sexually harassed people raised their voice against predators. The #MeToo movement obviously encouraged many victims to speak out about things they’ve been silent about for various reasons. It added fuel to the smothered fire, making changes imminent. Panic buttons for hotel workers are just one of the changes that must be addressed.

Miami hotel workers understand that sexual harassment is very common in their everyday work. Acts vary from seemingly innocent compliments to massage requests and open sex requests. Hotel workers live under stress that the next guest they meet might behave inappropriately. Being mostly women and working alone are not the only reasons why hotel workers are particularly vulnerable to harassment.