Monforti v. K-Mart, Inc.

I agree that there was an insufficient basis in the case to establish punitive damages. See Como Oil Co., Inc. v. O’Loughlin, 466 So.2d 1061 (Fla.1985); White Construction Co., Inc. v. Dupont, 455 So.2d 1026 (Fla.1984); Gerentine v. Coastal Security Systems, 529 So.2d 1191 (Fla. 5th DCA 1988); Gerber Children’s Centers, Inc. v. Harris, 484 So.2d 91 (Fla. 5th DCA 1986).

However, I think the trial judge committed reversible error when he denied the Monfor-tis’ request for a jury instruction based on res ipsa loquitur. It is a pretty basic concept. Collapsing shelves and merchandise falling from…