CARL NOAH, CINDY NOAH, CHARLES FREEMAN AND SUZANNE FREEMAN, APPELLANTS,
v.
JOHN THRELKELD, APPELLEE
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A Florida appellate court reversed a jury verdict awarding minimal damages to car accident victims with substantial documented medical expenses and loss of consortium claims. The court found the jury's award of $1,000 to one plaintiff with $4,480 in medical expenses, and zero to others with documented injuries, was legally insufficient and required a new trial on damages.
The verdict was inadequate and not sustainable. The court reversed and remanded for a new trial on damages. Plaintiffs with objectively verifiable injuries and undisputed medical expenses were entitled to at least recover those documented expenses, and loss of consortium claimants were entitled to nominal damages based on unrebutted testimony.
[1] A jury verdict awarding damages that is inconsistent with undisputed evidence of medical expenses and objectively verifiable injuries is unsustainable on a motion for a n…
[2] A jury verdict awarding zero damages for unreimbursed medical expenses is not sustainable when the plaintiff has presented evidence of objectively verifiable injuries.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A verdict awarding Cindy Noah $1,000 when she had unreimbursed medical expenses of $4,480, and awarding Charles nothing of his $2,055 unreimbursed expenses, is not sustainable in the face of a motion for new trial.”
Establishes that the court found the verdict legally insufficient given the undisputed medical expenses
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCarl Noah's vehicle was struck from behind by a two-ton truck owned by appellee Threlkeld while approaching a red traffic light in Lee County, Florida…
The full statement of facts, procedural history, and disposition for this case are member content.
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CAMPBELL, Chief Judge.
This appeal involves the issue of the adequacy of the jury’s verdict on damages sustained by appellants arising out of an automobile accident. Liability was admitted by appellee Threlkeld, the owner of the truck that struck the automobile owned and operated by appellant Carl Noah and occupied by his wife, appellant Cindy Noah, and his father-in-law, appellant Charles Freeman. Noah’s vehicle was approaching a traffic light in Lee County, Florida. Appellant Carl Noah was preparing to stop for the traffic light, which was red for traffic approaching in his direction, when he was struck from behind by appellee’s two-ton truck, which was operated by an employee of appellee acting in the course and scope of his employment. The resulting impact crushed the rear of the Noah vehicle, pushing it forward approximately a block and a half into another vehicle stopped for the traffic light.
Appellants Carl and Cindy Noah and Charles Freeman suffered personal injuries as a result of the accident. Appellant Carl Noah settled his personal injury claim before trial. He and appellant Suzanne Freeman, Charles Freeman's wife, joined in the action below to assert their derivative loss of consortium claims arising out of the injuries to their spouses. Cindy Noah’s uncontested medical expenses totaled $4,480, all of which were unpaid. Charles Freeman’s medical expenses totaled $3,055 of which $1,000 was paid by collateral sources. The jury returned a verdict awarding appellant Cindy Noah total damages in the amount of $1,000 and awarding appellants Carl Noah and Charles and Suzanne Freeman zero damages. We reverse for a new trial on damages as to all appellants.
While we are always reluctant to order a new trial in the face of a jury verdict and the denial of a new trial by the trial judge, we conclude that the applicable law and the facts of this case require us to do so. Both appellants Cindy Noah and Charles Freeman presented evidence of objectively verifiable injuries. Their medical expenses were undisputed. A verdict awarding Cindy Noah $1,000 when she had unreimbursed medical expenses of $4,480, and awarding Charles nothing of his $2,055 unreimbursed expenses, is not sustainable in the face of a motion for new trial. State Farm Mutual Automobile Insurance Co. v. Howard, 458 So. 2d 874 (Fla. 2d DCA 1984); Hector v. Florida Farm Bureau Mutual Insurance Co., 364 So. 2d 1253 (Fla. 2d DCA 1978); Gonzalez v. Westinghouse Electric Corp., 463 So. 2d 1229 (Fla. 4th DCA 1985); Rodriguez v. Allgreen Corp., 242 So. 2d 741 (Fla. 4th DCA 1971).
In regard to the derivative claims of Carl Noah and Suzanne Freeman for loss of services and consortium, they were at least entitled to nominal damages in view of their unrebutted testimony on those claims. Albritton v. State Farm Mutual Automobile Insurance Co., 382 So. 2d 1267 (Fla. 2d DCA 1980).
Reversed and remanded for a new trial for all appellants solely on this issue of damages.
RYDER and ALTENBERND, JJ., concur.
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Citator
Cited By
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Christopher v. Clement Bernard Bonifay, 577 So. 2d 617 (Fla. 1st DCA 1991)…laintiff/husband presented substantial, undisputed evidence of loss of consortium and, because liability was conceded, he was entitled to at least nominal damages). See also DeLong v. Wickes Co., 545 So. 2d 362 (Fla. 2d DCA 1989); Noah v. Threlkeld, 543 So. 2d 431 (Fla. 2d DCA 1989). AFFIRMED in part, REVERSED in part, and REMANDED for new trial solely on the issue of damages associated with the claim for loss of consortium, in a manner consistent with this opinion. ERVIN and ZEHMER, JJ., concur. NIMMONS,…
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Lorie Peterson and Clayton Peterson v. SUN State Int'l Trucks, LLC, 56 So. 3d 840 (Fla. 2d DCA 2011)…eversing for a new trial on loss of consortium claims even though some of the evidence was conflicting where there was also substantial, undisputed evidence showing that at least nominal damages should have been awarded); see also Noah v. Threlkeld, 543 So. 2d 431, 432 (Fla. 2d DCA 1989) (holding that the plaintiffs “were at least entitled to nominal damages in view of their unrebut-ted testimony on [their] claims” for loss of services and consortium); Big Lots Stores, Inc., 18 So. 3d at 1068 (holding that th…
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Commercial Clean-Up Enters., Inc. v. Holmquist, 597 So. 2d 343 (Fla. 2d DCA 1992)…by the negligence of a third party, the spouse who presented substantial and unre-butted testimony to support a consortium claim is entitled to at least nominal damages. See DeLong v. Wickes Co., 545 So. 2d 362 (Fla. 2d DCA 1989); Noah v. Threlkeld, 543 So. 2d 431 (Fla. 2d DCA 1989); Albritton v. State Farm Mut. Auto. Ins. Co., 382 So. 2d 1267 (Fla. 2d DCA 1980). Although we do not believe the permanent injury test of the no-fault threshold1 was actually at issue in these cases, they at least imply that the s…
Authorities Cited
- Albritton v. State Farm Mut. Auto. Ins. Co. & Cheryl Lee Dannels, 382 So. 2d 1267 (Fla. 2d DCA 1980)
- Rodriguez v. Allgreen Corp., 242 So. 2d 741 (Fla. 4th DCA 1971)
- Gonzalez v. Westinghouse Elec. Corp., 463 So. 2d 1229 (Fla. 4th DCA 1985)
- Spriggs v. State, 364 So. 2d 1253 (Fla. 2d DCA 1978)
- State Farm Mut. Auto. Ins. Co. & John E. Wilkerson v. Howard, 458 So. 2d 874 (Fla. 2d DCA 1984)