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APR 24
Daniel Mahfood defeats certiorari petition in 4th DCA

Creed & Gowdy, P.A., represented the parents of a child injured in a carnival ride called the "Psycho Swing" in a certiorari proceeding challenging the parents' right to seek punitive damages for their daughter's injuries. Daniel Mahfood first implemented a plan to have the trial court remedy potential procedural defects in the order granting leave to seek punitive damages. Then, in the certiorari proceeding, Mr. Mahfood argued that the appellate court lacked jurisdiction to consider the defendant's remaining challenges and that the defendant's arguments were substantively meritless as well. The appellate court agreed and issued a sweeping denial. The appellate court held that the Defendant's arguments were jurisdictionally barred and that the parents had sufficiently alleged punitive conduct even as to a corporate entity, freeing the parents to pursue punitive damages against all of the defendants in the lawsuit.

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