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John v. Coisman11/16/2001
at its application is limited to cases based on negligence, strict liability, products liability, misconduct in commercial transactions, professional liability, or breach of warranty, which are categories of torts that do not encompass assault, battery, and false arrest (the torts the Defendant is found to have committed in the instant case). See Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352,1357 (Fla. 1994).
Therefore, the statutory limitations that cap the amount of punitive damages that may be recovered at three times the amount of compensatory damages do not apply to the instant case. This essentially means that the punitive damages award rendered to the Plaintiff is based on those unique torts that permit awards in any amount based on the jury's unbridled discretion. Thus I agree that de novo review pursuant to the standard enunciated in Cooper applies to the instant case. But because the trial court did not have the opportunity to apply the Cooper criteria in the proceedings below, it is appropriate for this court to remand this case so it may do so.
Conclusion
I conclude that the punitive damages award is not subject to the statutory cap provisions contained in section 768.73 and, therefore, Cooper does apply to the instant case. However, the record reveals that the constitutional issue was never raised in the trial court and it was not adequately raised and argued in the proceedings before this court. Therefore, I concur that the order under review should be reversed and this case remanded so the trial court may properly consider whether the award is unconstitutionally excessive pursuant to Cooper. Lastly, I conclude that Justice Ginsberg was absolutely correct when she noted in her dissent in Cooper that " he Court's approach will be challenging to administer." Cooper, 121 S. Ct. at 1693.
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