CADILLAC MOTOR CAR DIVISION, GENERAL MOTORS CORPORATION, AND ROYAL GLOBE INSURANCE COMPANY, APPELLANTS,
v.
HARVEY L. BROWN, INDIVIDUALLY, AND GAYL BROWN, HIS WIFE, AND HARVEY BROWN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FLORENCE WINKLER BROWN, APPELLEES
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Harvey L. Brown sought damages for mental distress after driving a defective Cadillac that struck and killed his mother. The court reversed the jury verdict awarding him $1.5 million because Florida's impact rule prohibits recovery for emotional distress without direct physical impact or trauma.
The court reversed the judgment awarding Harvey L. Brown damages for mental distress because under Florida's impact rule, recovery for damages resulting from fright and anguish cannot be had without direct physical impact or trauma, except in cases of willful and wanton negligence. The wife's derivative claim also fails as a consequence.
[1] Damages for mental distress are not recoverable in the absence of direct physical impact or trauma, unless the negligence is willful and wanton.
[2] A jury award for mental distress damages is speculative and without basis in the record when the plaintiff suffered no compensatory loss.
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Join FLexlaw to unlock all legal intelligence“[W]hen there is no direct physical impact or trauma, recovery may not be had for damages resulting from fright and anguish in the absence of willful and wanton negligence or, as it was described in the former, malice, entire want of care, or great indifference to the rights of others as distinguished from 'simple' negligence.”
This quote establishes the impact rule that prohibits emotional distress damages without physical impact except in cases of willful and wanton negligence.
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Join FLexlaw to unlock all legal intelligenceHarvey L. Brown was driving a defective Cadillac automobile when it struck and killed his mother. A jury awarded Harvey $1,500,000 for mental distress…
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PER CURIAM.
There was a tragic accident when the appellee, Harvey L. Brown, while driving a defective Cadillac automobile (through no fault of his own) struck and killed his mother. An action was commenced, ultimately resulting in a jury verdict for damages awarding Harvey $1,500,000.00 for mental distress, his wife Gayl $250,000.00 on a derivative claim and approximately $9,000.00 to the estate of his late mother.1
This appeal ensued. We reverse the final judgment awarded Harvey L. Brown on the verdict, because there was no impact upon which damages for mental distress could be awarded.2 Butchikas v. Travelers Indemnity Company, 343 So. 2d 816 (Fla. 1977); Gilliam v. Stewart, 291 So. 2d 593 (Fla.1974); Herlong Aviation, Inc. v. Johnson, 291 So. 2d 603 (Fla.1974); Clark v. Choctawhatchee Electric Co-operative, Inc., 107 So. 2d 609 (Fla.1958); Crane v. Loftin, 70 So. 2d 574 (Fla.1954); Kirksey v. Jernigan, 45 So. 2d 188 (Fla.1950); Durahoo v. Bess, 146 Fla. 182, 200 So. 541 (Fla.1941); International Ocean Telegraph Co. v. Saunders, 32 Fla. 434, 14 So. 148 (1893); Butler v. Lomelo, 355 So. 2d 1208 (Fla. 4th DCA 1977); Carter v. Lake Wales Hospital Association, 213 So. 2d 898 (Fla. 2nd DCA 1968).
The supreme court in the case of Clark v. Choctawhatchee Electric Co-operative, Inc., supra, referring to the decisions of Kirksey v. Jemigan, supra, and Crane v. Loftin, supra, clarified and stated the impact rule to be as follows: “ * * * [W]hen there is no direct physical impact or trauma, recovery may not be had for damages resulting from fright and anguish in the absence of willful and wanton negligence or, as it was described in the former, malice, entire want of care, or great indifference to the rights of others as distinguished from ‘simple’ negligence.”
Even if we were to sustain liability in the instant case we would be compelled to reverse for a new trial on the issue of damages. Harvey, as the driver, suffered no compensatory loss and the award was purely speculative with no basis in the record. Florida Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla.1953); Edwin K. Williams & Co.-East, v. Hustad, 321 So. 2d 600 (Fla. 4th DCA 1975). Harvey’s judgment being reversed, the wife’s judgment on her derivative claim likewise falls. Therefore the final judgments in favor of Harvey L. Brown and Gayl Brown be and they are hereby reversed with directions to dismiss these causes of actions.
Reversed and remanded with directions.
. No appeal has been taken for the final judgment entered in favor of the estate.
. The “impact rule” is presently before the supreme court in Champion v. Gray, Case No. 62830 Fla.S.Ct. on review of a decision rendered by the 4th DCA in Champion v. Gray, 420 So. 2d 348 (Fla. 5th DCA 1982). We do hereby certify that this cause presents a question of great public importance pertaining to rights of Florida litigants to secure damages for mental distress when they have not suffered any impact or physical injury from the alleged tortfeasor.
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Brown v. Cadillac Motor CAR Division, 468 So. 2d 903 (Fla. 1985)…McDONALD, Justice. The Third District Court of Appeal has certified this cause as a case of great public importance. Cadillac Motor Car Division, General Motors Corp. v. Brown, 428 So. 2d 301, 302 (Fla. 3d DCA 1983). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Brown was the successful plaintiff in an action against General Motors. While driving a Cadillac automobile he struck and killed his mother who had just alighted from the…
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Dominguez v. Equitable Life Assurance Soc'y OF the United States, 438 So. 2d 58 (Fla. 3d DCA 1983)…er a cause of action exists. Finally, we note that this court’s holding that damages for mental distress are not recoverable in a negligence action in the absence of impact, see Cadillac Motor Car Division, General Motors [*61] Corporation v. Brown, 428 So. 2d 301 (Fla. 3d DCA 1983), is unrelated to the present case where intentional conduct is alleged. . On appeal, the defendants have argued that the allegations of severe emotional distress, an element of the tort, are not sufficiently detailed so as to sta…
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Lloyd v. N. Broward Hosp. Dist., 570 So. 2d 984 (Fla. 3d DCA 1990)…dependent basis for tort liability ” W. Keeton, Prosser & Keeton on The Law of Torts, § 54, at 361 (1984) (emphasis added); see Brown v. Cadillac Motor Car Division, 468 So. 2d 903, 903-04 (Fla. 1985), affirming Cadillac Motor Car Division v. Brown, 428 So. 2d 301, 302 (Fla. 3d DCA 1983) (plaintiff’s sole claim was for emotional distress); Restatement (Second) of Torts § 47 & Comment b (1965).3 Here, however, there has been an injury to the parents’ legally protected interest, for which the parents are entitl…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (15 total)
- Kirksey v. Jernigan, 45 So. 2d 188 (Fla. 1950)
- Gilliam v. Stewart, 291 So. 2d 593 (Fla. 1974)
- Fla. Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla. 1953)
- Crane v. Loftin, 70 So. 2d 574 (Fla. 1954)
- Dunahoo v. Bess, 146 Fla. 182 (Fla. 1941)
- Gus George Butchikas v. Travelers Indem. Co., 343 So. 2d 816 (Fla. 1976)
- Int'l Ocean Tel. Co. v. Saunders, 32 Fla. 434 (Fla. 1893)
- Lotierzo v. Euteneuer (Fla. 4th DCA 2023)
- Mrs. Josephine Clark v. Choctawhatchee Elec. Coop., Inc., 107 So. 2d 609 (Fla. 1958)
- Hornsby v. State, 146 Fla. 23 (Fla. 1941)