Jason Azzarone Was Successful in Arguing to The Second District Court of Appeal

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not abuse its discretion in dismissing the Plaintiffs claims for emotional distress damages in an action where Mr. Azzarone represented a community association. As alleged, a security officer for the community association negligently discharged his firearm, wounding the Plaintiffs’ pet. Mr. Azzarone moved to dismiss the Complaint to the extent that it asserted entitlement to emotional distress damages. The Trial Court agreed, dismissing only the claims for emotional distress damages claims with prejudice. Other property damage and general negligence claims remained. Plaintiffs requested that the Trial Court dismiss all remaining claims with prejudice so that the matter could be reviewed by the Second District Court of Appeal. The Trial Court did so, and on appeal, the Plaintiffs raised many arguments for reversal. In addition to arguing that emotional distress damages were awardable in the context of the facts as alleged, the Plaintiffs also argued that if the Second District Court of Appeal agreed that the Trial Court’s ruling was correct, the matter should be remanded so that the other claims could be litigated. The Second District Court of Appeal entered a Per Curiam Affirmance.