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CITRON v. ARMSTRONG WORLD INDUSTRIES, INC.

No. 89-1375-Civ.

721 F.Supp. 1259 (1989)

Bernard CITRON and Sylvia Citron, his wife, Plaintiffs, v. ARMSTRONG WORLD INDUSTRIES, INC., et al., Defendants.

United States District Court, S.D. Florida.

October 4, 1989.

Attorney(s) appearing for the Case

David M. Lipman, Miami, Fla., for plaintiffs.

Joel R. Wolpe, Miami, Fla., for Carey Canada.

Dan B. Guernsey, Coral Gables, Fla., for Crown, Cork & Seal.

Susan Cole, Coral Gables, Fla., for Eagle Picher.

Luis Bustamonte, Miami, Fla., Robert A. Hannah, Orlando, Fla., for Fibreboard, Owens Illinois.

C. Michael Evert, Jr., Atlanta, Ga., for H.K. Porter.

Roger G. Welcher, Miami, Fla., for U.S. Mineral Products.

Virginia E. Johnson, Miami, Fla., for W.R. Grace.

Norwood S. Wilner, Jacksonville, Fla., for Armstrong, GAF, Keene, National Gypsum, U.S. Gypsum, Amchem and A.P. Green.

MEMORANDUM OPINION

NESBITT, District Judge.

The court is presented with the issue of whether section 768.72 of the Florida Statutes, which prohibits a claim for punitive damages unless a reasonable basis exists for their recovery, is applicable in federal diversity cases. The court concludes that it is not.

On July 1, 1986, the Florida legislature added to its civil code a new section entitled "Pleading in civil actions; claim for punitive damages...

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