COLL v. 11USAGROUP LLC (2025)

Appellants Joaquin Alexandre Coll and Victoria Teng-Le appeal an order denying their motion to amend their complaint to add claims for punitive damages. We conclude Appellants failed to make a reasonable showing which would provide a reasonable basis for recovery of punitive damages. § 768.72(1), Fla. Stat. (2024). Therefore, the trial court properly performed its gatekeeping function. See Palm Bay Towers Condo. Ass'n v. Marrazza, 50 Fla. L. Weekly D104, at *2, ––– So. 3d ––––, ––––, 2025 WL 15530, at *2 (Fla. 3d DCA Jan. 2, 2025) (“Thus, the trial court serves as a ‘gatekeeper,’ whose function is to assess whether there is a reasonable evidentiary basis for recovery.” (citing Gattorno v. Souto, 390 So. 3d 134, 137 (Fla. 3d DCA 2024))).

In reaching this conclusion, we do not diminish the claims made, or the injuries allegedly suffered, by the Appellants. “Nevertheless, there is nothing in the showing made by [Appellants] in this case which makes a reasonable showing that [Appellees’] actions were of a ‘gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects.’ ” Five Fran, LLC v. Davis, 50 Fla. L. Weekly D136, at *3, ––– So. 3d ––––, ––––, 2025 WL 44405, at *3 (Fla. 3d DCA Jan. 8, 2025) (quoting Est. of Despain v. Avante Grp., Inc., 900 So. 2d 637, 640 (Fla. 5th DCA 2005) (“To merit an award of punitive damages, the defendant's conduct must transcend the level of ordinary negligence and enter the realm of willful and wanton misconduct.”)).

Affirmed.

PER CURIAM.