In Florida personal injury and car accident cases, there are always four elements for an injured person or persons to prove: 1) a duty created by law directing the at-fault party to act in a certain way, 2) a breach of that duty, 3) an injury resulting from that breach, and 4) damages incurred from the injury. Often, appellate cases assess an error concerning one of the first three elements. In Safeco Insurance Co. of Illinois v. Fridman (5D12-428), the Fifth District Court of Appeal reviewed two questions on remand from the Supreme Court of Florida concerning damages. The first was whether there was an error in denying the defendant insurance company’s motion for mistrial, based on improper arguments made by the injured person. The second was whether or not the trial court should have granted the insurer’s motion for remittitur.
The underlying action began when the injured driver was hit by an uninsured motorist. The injured driver underwent surgery for his injuries three years after the collision, and an expert testified during trial that he would need to have fusion spine surgery in the future. At trial, the injured person provided proof of the injuries suffered as a result of the accident with an uninsured motorist, and he argued that he was entitled to damages from his insurance company. To show the damages he lost from the accident, both past and future earnings, the injured person described his work history preceding and following the accident.
Prior to the auto accident, the injured person had been an electronics salesman for several years, earning from $800 to $1,000 a week. For two years during this period, the injured person also ran a retail marble and tile store, but he was unable to testify about how much he earned from this business. After the accident, the injured person opened a wholesale marble and tile business for 20 days, stating he closed it because he could not lift the marble as a result of the injuries. Afterwards, he worked as a salesman again, first earning between $400 to $600 a week, then $500 to $600, and by the time of trial around $1,200 a week. During trial, an expert testified that he would not be able to work after a fusion spine surgery for three to four months. The injured person testified that if he had remained in the wholesale marble and tile business, he could have made $100,000 to $200,000, based on the profit margin for a square foot of tile. No other testimony or evidence was provided to support his assessment.
The insurer disagreed with the jury verdict awarded to the injured person, arguing it was not supported by the evidence. This included $45,000 for lost past earnings and $225,000 for lost future earning capacity. The appellate court agreed with the insurance company that the award was excessive, based on the slim evidence presented at trial, and that the insurer was entitled to remittitur, in which the trial court assesses new damages that are not excessive or grants a new trial for the assessment of damages only.
The South Florida auto accident attorneys at Donaldson & Weston can help you try to maximize damages if you have been hit by an uninsured or underinsured motorist. For a free, confidential consultation, contact our office at 772-266-5555 or 561-299-3999.
More Blog Posts:
Florida District Court of Appeal Reviews Drunk Driver Motorcycle Accident Case, South Florida Injury Lawyer Blog, August 4, 2016
Wrongful Death Appeal Discusses Statutory Requirements for Expert Witnesses in Florida, South Florida Injury Lawyer Blog, July 13, 2016