Wrongful Death
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Case Details
The Fourth District Court of Appeal reversed a trial court’s decision allowing punitive damages claims in a wrongful death lawsuit stemming from a scuba diving incident, finding the estate of Alexis Nicole Racine failed to present sufficient evidence of gross negligence against the dive operators.
Additional Notes
The appellate court ruled that the trial court misapplied Florida Statute § 768.72, which sets a high bar for punitive damages, and found that alleged breaches of industry standards did not rise to the level of 'conscious disregard'.