Plaintiffs Joseph Levit, Nicole Levit, Pavel Gubin, and Richard Gubin filed a 32-count complaint alleging various forms of negligence after a minor rear-end collision involving a municipal shuttle bus operated by Catherine Rodriguez, an employee of Limousines of South Florida, Inc. The collision occurred in Miami-Dade County on December 19, 2022, when Rodriguez failed to timely brake and made slight contact with the rear of the Levit vehicle. No injuries were reported at the scene, and photographs depicted only limited damage to the rear bumper. Plaintiffs subsequently moved for leave to amend their complaint to assert punitive damages under section 768.72, Florida Statutes, arguing that Limousines’ decision to hire and permit Rodriguez to drive without a required passenger endorsement on her commercial driver’s license constituted intentional misconduct or gross negligence. The trial court granted the motion, finding that permitting Rodriguez to transport passengers without the required endorsement demonstrated a conscious disregard for public safety. On appeal, the Third District Court of Appeal reversed, holding that the proffer failed to establish either intentional misconduct or gross negligence and that the alleged licensing deficiency bore no nexus to the rear-end collision. The court emphasized that Rodriguez held a valid Class B commercial driver’s license, that there were no passengers aboard the shuttle at the time of the accident, and that a licensing or regulatory violation standing alone does not satisfy the heightened culpability threshold required for punitive damages. The opinion reinforces the trial court’s critical gatekeeping role under section 768.72 and is one of the first Third District opinions to apply the Florida Supreme Court’s newly decided Perlmutter standard. William H. Edwards and Michael J. Dono of the HM&B represented Limousines of South Florida, Inc. and Catherine Rodriguez on appeal.
