Florida District Court of Appeal Dismisses Claim for Punitive Damages Against Retail Grocer

The plaintiff, a sales representative for Pepsi, sued the defendant for premises liability and negligence after one of its display shelves, known as an “end cap,” fell on him. Right before the end cap fell, the plaintiff had removed all of the product from its bottom shelf while leaving its four higher shelves fully stocked with twelve-packs of soda.

The plaintiff emphasized evidence that the defendant regularly advises vendors against unstocking end caps from the bottom first. However, this recommendation, at best, indicates the defendant recognized the possibility, rather than the probability, of top-heavy end caps tipping over. 

The court found that mere knowledge of the possibility was not sufficient to show gross negligence.

This case illustrates the key distinction between knowledge of a possibility and knowledge of a probability in applying punitive damages. 

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