Which Law Applies
Florida Governs Punitive Damages
The parties also sparred over whether New York or Florida law should control claims for punitive damages and gross negligence. Judge May ruled Florida law applies, pointing to Rickard’s own interrogatory response stating she sought punitive damages under a Florida statute.
Because Florida does not recognize gross negligence as a standalone cause of action — treating it instead as a standard for awarding punitive damages — the court granted summary judgment on that claim. Still, the judge emphasized that evidence presented could support a finding of gross negligence and justify punitive damages.
Counsel and Next Steps
Attorneys for the parties did not immediately respond to requests for comment Tuesday.
Rickard is represented by Nicole Berg and Ashley Barriere of Keller Postman LLC, along with Erin K. Copeland of Fibich Leebron Copeland Briggs.
Teva is represented by Christopher D. Morris and Pamela L. Ferrell of Butler Snow LLP.
The Cooper Cos. are represented by Caroline D. Walker and Kasey M. Adams, also of Butler Snow LLP.
