Class Representative Lacked Typicality – Baptist Hospital, Inc. v. Baker

In this class action suit brought against Baptist Hospital, Inc. related to certain liens the hospital recorded against its patients. The trial court certified two classes of plaintiffs.  Class I consisted of plaintiffs who had paid money to the hospital to satisfy the lien and Class II consisted of plaintiffs who had not satisfied the lien.

Discovery was conducted prior to the class certification hearing and the proposed Class II representative was deposed by the hospital.  During the course of the deposition the proposed Class II representative testified that he suffered no actual damages and could not recover any money as a result of this suit.

Finding that the key inquiry on typicality is “whether the class representative is part of the class and possesses the same interest and suffers the same injury as the class members,” the First DCA found that a class representative who suffered no actual damages lacked typicality with the proposed class.

Florida Rule of Civil Procedure 1.220 – Class Actions

Baptist Hospital, Inc. v. Baker, 37 Fla. L. Wkly D814c (Fla. 1st DCA April 9, 2012)