Leon County Humane Society, Inc. v. DeGroat

The respective responsibilities of the court and jury in assessing a claim for punitive damages are set out in Wackenhut Corp. v. Canty, 359 So.2d 430, 435-36 (Fla. 1978):

The court is to decide at the close of evidence whether there is a legal basis for recovery of punitive damages shown by any interpretation of the evidence favorable to the plaintiff. Winn & Lovett Grocery Co. v. Archer, 126 Fla. 308, 171 So. 214, 222 (Fla.1936). A legal basis for punitive damages exists where torts are committed in an outrageous manner or with fraud, malice, wantonness or oppression. Id. at 221. Once the…