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Cardenas v. Miami-Dade Yellow Cab Co.

Citations: 538 So. 2d 491; 1989 WL 6168Docket: 86-612, 86-647, 86-774, 86-1036 and 86-1164

Court: District Court of Appeal of Florida; January 30, 1989; Florida; State Appellate Court

Narrative Opinion Summary

The case involves claims by taxi passengers against a cab company and associated defendants following an injury sustained by one passenger, Daniel Cardenas, when a taxi wheel rolled over his foot. The jury found the cab company liable for false imprisonment, negligence, and breach of contract, awarding substantial damages. However, the court deemed the damages for false imprisonment excessive and ordered a new trial on that issue while upholding the negligence damages. The court also addressed the exclusion of punitive damages consideration, finding sufficient evidence to warrant jury consideration against individual defendants. Additionally, the Cardenas family alleged bad faith by their insurer under Florida Statutes section 624.155, which the court dismissed, ruling that the statute does not provide a direct cause of action for third parties. The insurer's duty to settle claims in good faith pertains only to the insured. The decision was partly reversed and remanded for retrial on false imprisonment damages, with potential punitive damages against specific defendants, while other aspects were affirmed. The court certified the bad faith issue to the Florida Supreme Court due to its public significance, and a dissenting opinion argued the negligence damages were excessive.

Legal Issues Addressed

Bad Faith Claims Against Insurers

Application: The court ruled that Florida Statutes section 624.155 does not create a direct cause of action for third parties against insurers for bad faith.

Reasoning: The court disagreed, stating that the statute does not create a direct cause of action for third parties.

False Imprisonment Damages

Application: The jury's award for false imprisonment was deemed excessive and influenced by emotional bias, requiring a new trial to reassess damages.

Reasoning: The false imprisonment lasted approximately ten minutes, but the jury's compensatory damages award of $258,000 was deemed excessive and likely influenced by speculation or emotional bias.

Insurer's Duty of Good Faith

Application: The duty of good faith and fair dealing under Florida Statutes exists solely between the insurer and the insured, not extending to third parties.

Reasoning: Legislative intent indicates that the duty of good faith and fair dealing exists solely between the insurer and the insured, not extending to third parties.

Negligence Damages Appropriateness

Application: The court upheld the jury's award for negligence, finding it supported by evidence of permanent disability and ongoing medical issues.

Reasoning: Conversely, the $387,000 awarded for negligence related to a compound ankle fracture was upheld as appropriate, supported by testimony of Daniel's permanent disability, extensive medical treatment, and ongoing pain and mobility issues, with potential future surgeries.

Punitive Damages Consideration

Application: The court found sufficient evidence for a jury to consider punitive damages against individual defendants for their actions during the false imprisonment.

Reasoning: Thus, the court affirmed the negligence damages but remanded the false imprisonment damages for a new trial.