AHMED TAVAKOLY AND BEVERLYN TAVAKOLY, APPELLANTS,
v.
FIDDLERS GREEN RANCH OF FLORIDA, INC., APPELLEE

Fla. 5th DCA | 2009-01-02
No. 5D07-3861
GRIFFIN and TORPY, JJ., concur.
998 So. 2d 1183 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ahmed Tavakoly was thrown from a horse owned by Fiddlers Green Ranch and suffered a fractured hip. A jury awarded him damages for past medical expenses, future medical expenses, and past pain and suffering, but awarded nothing for future pain and suffering or his wife Beverlyn's loss of consortium claim. The appellate court affirmed the denial of new trial on future pain and suffering but reversed and remanded on the consortium claim, finding undisputed evidence supported at least nominal damages.


Holding

The trial court did not abuse its discretion in denying a new trial for failure to award future pain and suffering damages because the record lacked indisputable medical evidence of permanent impairment or continued future pain. However, the trial court abused its discretion in denying a new trial on the consortium claim because undisputed evidence established that Beverlyn was entitled to at least nominal damages for loss of consortium.


Headnotes

[1] A jury's failure to award damages for future pain and suffering is not an abuse of discretion when the record lacks indisputable medical evidence of permanent impairment…

[2] A zero verdict on a loss of consortium claim is inadequate as a matter of law when substantial, undisputed evidence demonstrates an adverse impact on the marital relation…

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Key Quotes

“where sufficient undisputed evidence is presented on a consortium claim that would require an award of at least nominal damages, a zero verdict is inadequate as a matter of law”

Establishes the legal standard that a zero verdict on consortium is improper when undisputed evidence of loss exists

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Facts & Procedural History

Ahmed Tavakoly was thrown from a horse owned by Fiddlers Green Ranch and sustained a fractured hip. Following surgery, Ahmed was unable to walk for fo…

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Opinion of the Court
PLEUS, J.

PLEUS, J.

Ahmed Tavakoly and his wife, Beverlyn, appeal from a final judgment entered after a jury trial and an order denying new trial in connection with their action to recover damages for personal injuries sustained by Ahmed when he was thrown from a horse owned by appellee Fiddlers Green Ranch of Florida, Inc. (Ranch). The appellants raise several points on appeal, only one of which we find meritorious.

The jury awarded damages to Ahmed for a fractured hip he suffered in the fall. Damages for past medical expenses, future medical expenses and past pain and suffering were awarded. No damages were awarded for future pain and suffering and no damages were awarded on Beverlyn’s loss of consortium claim.

We have reviewed the record and conclude that the trial court did not abuse its discretion in denying a new trial due to the failure of the jury to award damages for future pain and suffering. In this ease, unlike in Deklyen v. Truckers World, Inc., 867 So. 2d 1264 (Fla. 5th DCA 2004), the record does not contain indisputable medical evidence, let alone testimony from his own physician, that Ahmed suffered a permanent impairment or would continue to experience pain from the injury into the future. The award of $27,000 for future medical expenses over 27 years was entirely consistent with the testimony of Ahmed’s treating orthopedic that no significant medical treatment was anticipated in the future but that Ahmed’s condition should be monitored on an annual basis. See Allstate Ins. Co. v. Manasse, 681 So. 2d 779, 785 (Fla. 4th DCA 1996) (Klein, J., dissenting), dissent approved, 707 So. 2d 1110 (Fla.1998).

An abuse of discretion, however, did occur when the trial court denied Bev-erlyn a new trial on her consortium claim. Beverlyn argues that substantial, unrebut-ted evidence concerning the adverse impact which the injury had on the couple’s marriage was presented and that therefore she was entitled to recover damages for loss of consortium. See Jones v. Double D. Props., Inc., 901 So. 2d 929, 931 (Fla. 4th DCA 2005). See, e.g., Villatoro v. Concepcion, 671 So. 2d 216 (Fla. 4th DCA 1996); Ward v. Hillsborough County School Bd., 447 So. 2d 397 (Fla. 2d DCA 1984).

Several of the cases relied upon by Bev-erlyn, including Jones, involved unrebutted evidence that the spouse’s injury had a substantial adverse impact on the marital relationship. In Jones, the total damages for the injured husband were $349,505 while the wife received a zero verdict on her consortium claim. The appellate court held that a new trial on the consortium claim only was necessitated given the largely unrebutted evidence concerning the impact the injury had on the marital relationship. This evidence included testimony that the eouple no longer had an active social life, that the wife needed to tend to her husband’s basic needs like bathing and dressing and often take time off work to drive her husband to his appointments.

The concept of damages for loss of consortium is necessarily a vague and subjective one left largely to the discretion of the jury. It is intended to compensate the spouse of an injured person for past and future loss of such intangibles as love, sex, companionship, society, comfort and solace, and for help in performing one’s tasks about the household. Orlando Regional Medical Center v. Chmielewski 573 So. 2d 876, 881 (Fla. 5th DCA 1990), abrogated on other grounds in Boulis v. Florida Dep’t of Transp., 733 So. 2d 959 (Fla.1999).

While the evidence in this case does not rise to the level presented in Jones, it is nevertheless well settled that where sufficient undisputed evidence is presented on a consortium claim that would require an award of at least nominal damages, a zero verdict is inadequate as a matter of law. Bradshaw v. State Farm Auto. Ins. Co., 714 So. 2d 620 (Fla. 5th DCA 1998); Aurbach v. Gallina, 721 So. 2d 756, 758 (Fla. 4th DCA 1998), approved, 753 So. 2d 60 (Fla.2000); Christopher v. Bonifay, 577 So. 2d 617 (Fla. 1st DCA 1991). For instance, in Bonifay, the appellate court ordered a new trial on consortium damages where the jury returned a zero verdict despite undisputed evidence that the injured spouse had neck surgery and had been hospitalized for a week. The court explained “The husband at a very minimum lost the services of the wife during her one week’s stay in the hospital and that time immediately after her discharge while she was convalescing. Certainly this is undisputed evidence from which nominal damages should have been returned.” 577 So. 2d at 618.

Likewise in the present case, undisputed evidence was presented that as a result of his injuries and ensuing surgery, Ahmed was unable to walk for four weeks and unable to do things for himself for at least four weeks. During this period, Beverlyn tended to all his needs. The couple had enjoyed an active intimate relationship pri-or to the accident but had no conjugal relations for months after the accident while Ahmed recuperated.

Beverlyn established entitlement to at least some damages for loss of consortium. Under the circumstances, a new trial solely on the issue of damages for loss of consortium is warranted. See Bradshaw, 714 So. 2d at 622.

The trial court’s order denying a new trial is reversed in part and the cause remanded for a new trial on the issue of damages awardable to Beverlyn for her loss of consortium. The order denying the appellants’ motion for a new trial is otherwise affirmed.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

GRIFFIN and TORPY, JJ., concur.


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Citator

Cited By

  • BIG Lots Stores, Inc. v. de Diaz, 18 So. 3d 1065 (Fla. 3d DCA 2008)
    …urt’s order. Further, regarding the loss of consortium issue, we find that undisputed evidence was presented on Mr. Diaz’s loss of consortium claim to require an award of at least nominal damages. See Tavakoly v. Fiddlers Green Ranch of Fla., Inc., 998 So. 2d 1183 (Fla. 5th DCA 2009) (holding that where the plaintiff established entitlement to some damages for loss of consortium, a zero verdict is inadequate as a matter of law), and citations therein; Jones v. Double D Props., Inc., 901 So. 2d 929, 931 (Fla.…
  • …motion for a new trial in this case for abuse of discretion. See Allstate Ins. Co. v. Manasse, 707 So. 2d 1110, 1111 (Fla.1998); Big Lots Stores, Inc. v. Diaz, 18 So. 3d 1065, 1067 (Fla. 3d DCA 2009); Tavakoly v. Fiddlers Green Ranch of Fla., Inc., 998 So. 2d 1183, 1185 (Fla. 5th DCA 2009). IV.DISCUSSION A claim for loss of consortium is for the loss by the claiming spouse of the companionship and fellowship of husband and wife and the right of each to the company, cooperation and aid of the other in every…
  • Parrish v. City OF Orlando, 53 So. 3d 1199 (Fla. 5th DCA 2011)
    …re medical expenses requires an award of noneconomic damages. 707 So. 2d at 1111-12 (quoting Allstate Ins. Co. v. Manasse, 681 So. 2d 779, 784-85 (Fla. 4th DCA 1996) (Klein, J., dissenting)); see also Tavakoly v. Fiddlers Green Ranch of Fla., Inc., 998 So. 2d 1183, 1184-85 (Fla. 5th DCA 2009) (holding that jury’s failure to award injured horse rider damages for future pain and suffering did not warrant granting rider new trial, even though jury awarded rider $27,000 for future medical expenses over 27 years;…

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