DAVID TIECHE AND CYNTHIA TIECHE, HIS WIFE, APPELLANTS,
v.
FRANK P. PANLENER AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEES

Fla. 2d DCA | 1987-03-18
No. 86-592
SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.
504 So. 2d 49 Florida District Court of Appeal, Second District (1987) Caution
Cited by 10 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

David and Cynthia Tieche appealed a jury verdict finding David 80% negligent in a motorcycle accident and denying Cynthia's loss of consortium claim. The appellate court affirmed, holding that the jury's verdict was supported by competent substantial evidence and that the trial court properly denied the Tieches' motions for a new trial.


Holding

The appellate court affirmed the trial court's denial of the post-trial motions. The jury's verdict on Cynthia's loss of consortium was supported by competent substantial evidence, and the jury reasonably could have concluded that the deterioration in the marital relationship was caused by David's peripheral polyneuropathy rather than the accident itself, making the verdicts consistent rather than inconsistent.


Headnotes

[1] A jury's zero verdict on a loss of consortium claim is not necessarily inconsistent with an award of damages to the injured spouse.

[2] To successfully prosecute a claim for loss of consortium, a spouse must present competent substantial evidence demonstrating such loss.

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Key Quotes

“although it is the rule that the wife's derivative claim is barred where the husband's cause of action has been terminated by an adverse judgment on the merits, the converse is not necessarily the case.”

Establishes that a spouse's loss of consortium claim is not automatically valid simply because the injured spouse recovers damages; the spouse must present competent substantial evidence of loss.

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Facts & Procedural History

In October 1979, David Tieche was riding his motorcycle when he attempted to avoid hitting Frank Panlener's car. David laid his motorcycle down, struc…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellants, David and Cynthia Tieche, appeal from a final judgment entered following a jury verdict in which David was found to have been 80% negligent in the accident giving rise to his action and denying damages to Cynthia for her claimed loss of consortium.

The facts underlying both claims are as follows. In October of 1979 while riding his motorcycle, David attempted to avoid hitting Mr. Panlener’s car broadside. He laid his motorcycle down, struck the rear of Panlener’s car and hit the pavement with the left side of his body. He returned home in a taxi cab but later that night went to a hospital for treatment. Sometime fol lowing the accident David began feeling numbness and tingling in his left leg and arm. In March of 1981 he was diagnosed as suffering from peripheral polyneuropa-thy, a disease manifested by weakness and numbness.

In October of 1982 David and Cynthia filed an action which was tried to a jury in January of 1986. In a special verdict the jury awarded $100,000.00 in damages to David. The jury found, however, that he was 80% negligent and the court reduced the judgment by that factor. The jury did not award Cynthia damages for her claimed loss of consortium. The trial court denied the Tieches’ subsequent motions for a new trial or alternatively for judgment notwithstanding the verdict. We affirm.

The Tieches claim that the trial court abused its discretion by not granting a new trial. They urge the view that competent, substantial evidence exists to support Cynthia’s asserted loss of consortium and that the zero verdict is inconsistent with the award to David. Shaw v. Peterson, 376 So. 2d 433 (Fla. 1st DCA 1979). Acknowledging the existence of authority in support of this proposition, we do not find a basis for reversal. We stated in Albritton v. State Farm Automobile Ins. Co., 382 So. 2d 1267 (Fla. 2d DCA 1980), that “[although it is the rule that the wife’s derivative claim is barred where the husband’s cause of action has been terminated by an adverse judgment on the merits, the converse is not necessarily the case.” Id. at 1268. Thus, to prosecute a claim for loss of consortium successfully, the spouse must present competent substantial evidence demonstrating such loss. Id.

We concede the presence in the record of evidence indicating that Cynthia experienced a degree of degradation in the marital relationship following the October 1979 event. At trial, Cynthia testified that she now has to perform such household chores as mowing the lawn and taking out the garbage. She also testified that their intimate relationship lacked spontaneity, that she got “a little short-tempered” and that at certain times she wanted to tell David to “go fly a kite.” From our consideration of the record in its entirety, however, we cannot say the trial court erred in the exercise of its discretion in concluding that Cynthia’s loss of consortium was not supported by competent substantial evidence. Thus, consistent with Hagens v. Hilston, 388 So. 2d 1379 (Fla. 2d DCA 1980), we are not compelled, in the face of the award to David, to condemn the jury’s verdict on the ground of inconsistency and override the trial court’s denial of the motion for new trial.

Here, as was observed in Hagens, the jury could have concluded that the changes which occurred in the marital relationship were due to causes other than those originating in the accident. Indeed, the record persuasively discloses a link between David’s complaints and the disease of peripheral polyneuropathy. Based upon such evidence the jury could have concluded that deterioration in the parties' life-style was not due to the accident and therefore Cynthia’s loss of consortium was not compensable.

We find no error in the trial court’s denial of a new trial on the issue of liability.

Accordingly, we affirm the trial court’s denial of the Tieches’ post-trial motions.

SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.


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Citator

Cited By

  • Lofley v. Insultech, Inc., 527 So. 2d 902 (Fla. 2d DCA 1988)
    …is misplaced. These cases do not require a new trial if there is no evidence upon which a jury could have awarded the spouse derivitive damages or where there is evidence to support a finding that the spouse was not damaged. See, Tieche v. Panlener, 504 So. 2d 49 (Fla. 2d DCA 1987); Hagens v. Hilston, 388 So. 2d 1379 (Fla. 2d DCA 1980). Although Insultech presented some evidence in mitigation of Mrs. Lofley’s loss of consortium, the main thrust of its case at trial concerned the impact the pre-existing seizu…
  • Devolder v. Sandage, 544 So. 2d 1046 (Fla. 2d DCA 1989)
    …uld well have reached the result that it did in this case based upon the conflicting evidence presented as to whether Mr. DeVolder suffered a loss of consortium. See Hagens v. Hilston, 388 So. 2d 1379 (Fla. 2d DCA 1980). See also Tieche v. Panlener, 504 So. 2d 49 (Fla. 2d DCA 1987). We reverse and remand to the trial court with directions to strike the seat belt defense and to otherwise enter judgment in favor of Mrs. DeVolder consistent with the unreduced amount of the verdict as reached by the jury. RYDE…
  • Rudolph J. Frei, M.D., P.A. v. Eve Alger and Donald Alger, 655 So. 2d 1215 (Fla. 4th DCA 1995)
    …y, it was within the providence of the jury to not award future damages. Finally, the jury’s zero award to Mr. Alger on his loss of consortium claim was not inconsistent, inadequate or against the manifest weight of the evidence. Tieche v. Panlener, 504 So. 2d 49 (Fla. 2d DCA 1987). By only awarding nominal damages, the jury was sending a message that the injury in this case was minor. The record does not affirmatively show the impropriety of the verdict. Wackenhut, 359 So. 2d at 434. Nor was there an indep…

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