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Irt Tf~ CIRCUIT aotnrr OF THE
JUDICIAL QI~UIT IN AMID FDR ST. I,iX;IE
QOt~Pl'Y, F7lJRIUA
WILLIAM M. LEIS, individually and CASE :~0. 79-528 CA
as parent, natural guardian and
next friend of Krishna Leis, a
minor,
Plaintiff,
vs.
CAIiDLYN O. HUiC~~S and *~71lIDPO~LI'I7~t~l
PROPEFa'SC Ai,ID LL~BILtTY INSURANCE
OOI+~ANY, .
Defendants. /
ORDER ON M~I'ICN ZO SZi2I'~ PUNITIVE
TFIIS CAUSE having Dane on to be heard upon the Defendants, CAImLYN
O. HUC~~ and ME~OLITAN PR~ERTY AMID LIABILITY Il~S[k2ANCE C1aN~ANY' S, Motion to
Strike Claim for Punitive Daanages, and the Plaintiff having been represented by
Michael Jeffries, F_Srn~ira, and the Defendants having been represented by John T.
Brennan, Esquire, and the Qoart having heard argunent of counsel and been furnished
briefs on the subject, and being otherwise fullyadvised in the premises, finds
as follows:
The law of Florida on Punitivoe Damages is reflected in Florida
Standard Jury Q~arge X6.12, which recites as follows, to-wit:
°If you find for (claimant) .and find also that
(the Defendant) (any defendant whom you find to be
liable to (claimant) acted with malice, moral turpi-
tude, wantonness, wilfulness or reckless indifference
to the rights of others, ycu may, in your discretion,
assess punitive damages aga~iiLSt such defendant as
punishment and as a deterrent to others. If you
find that punitive damages should be assessed
against (the) {any) defendant, you may consider
the financial resources of such defendant in
fixing the amo~mt of such damages. (You may assess
punitive damages against one defendant and not the
other (s) or against more than one defendant in
difference amounts).
The "Dog Bite" Statute, F.S. 767.04, recites:
"767.04 Liability of owners.- The owners of any
dog which shall bite any per~.~on, while such person
is on or in a public place, or lawfully on or in
a private place, including the property of the
owner of such dogs, shall be liable for suds damages
as may be suffered by persons bitten, regardless of
the former viciousness of such cloy or ti:e o;~~sers' know~-
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