Florida Supreme Court rejects tougher test for pleading punitive damages

The real test, the court explained, is whether “a reasonable person could conclude, based on the claimant’s evidence, that the defendant committed ‘intentional misconduct’ or ‘gross negligence,'” as those terms are defined in section 768.72(2). The judge does not weigh evidence or decide credibility. And in a second point for claimants, the court held the judge looks only at the claimant’s evidence at this stage, not at any rebuttal the defendant offers.