STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND JOAN MARIE SEXSON, APPELLANTS/CROSS APPELLEES,
v.
PATRICIA ELLEN ROTH, APPELLEE/CROSS APPELLANT

Fla. 4th DCA | 1989-11-22
Nos. 87-1352 and 87-2942
ANSTEAD and STONE, JJ., concur.
552 So. 2d 332 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 2 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

State Farm and Sexson appealed a trial court's denial of their motion for new trial following a verdict in an automobile collision case. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court erroneously excluded evidence of the plaintiff's prior head injury, which was central to the disputed cause of her migraine headaches.


Holding

The court reversed and remanded for a new trial, finding the exclusion of evidence regarding the plaintiff's prior head injury was error given its centrality to the cause of the migraine headaches. The court found that when the excluded testimony was considered in conjunction with newly discovered clinic records suggesting pre-existing headaches, a new trial was warranted.


Headnotes

[1] A trial court errs by excluding relevant and material evidence concerning the cause of a plaintiff's injuries, particularly when that evidence relates to the central issu…

[2] Newly discovered evidence, when considered in conjunction with previously excluded testimony, can compel the necessity for a new trial.

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Key Quotes

“This was, in our view, error due to the centrality of the issue of the cause of plaintiffs migraine headaches. The jury was therefore denied relevant and material evidence related to the cause of those headaches, i.e., the fall versus the accident.”

Establishes that excluding evidence of prior head injury was erroneous because causation of headaches was central to the case

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Facts & Procedural History

On March 9, 1983, Patricia Ellen Roth was struck by a refrigerator when a tractor-trailer collided with a parked hot dog van she was visiting. Roth al…

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Opinion of the Court
FENNELLY, JOHN E., Associate Judge.

FENNELLY, JOHN E., Associate Judge.

State Farm appeals the trial court’s order denying its motion for new trial. Sex-son appeals for the same reason as well as the trial court’s failure to reduce a punitive damage award. State Farm’s motion set forth two principal bases for a new trial: 1. The trial court’s exclusion of evidence of a prior head injury suffered by the plaintiff, and, 2. Newly discovered evidence. For reasons set forth in this opinion, we reverse and remand this cause for a new trial.

This case arose out of a tragic automobile collision that occurred on March 9, 1983. On that date Patricia Ellen Roth was visiting some friends who operated a hot dog van parked on the shoulder of PGA Boulevard near the intersection of the Florida Turnpike. As a result of a collision between a van driven by Sexson and a tractor trailer, the tractor trailer ran off the roadway and struck the parked hot dog van. This second collision caused a refrig erator in the van to fall on Roth, injuring her shoulders, back and neck.

Roth filed an action alleging post-traumatic headaches and soft tissue injuries to her neck and back. State Farm, Roth’s uninsured motorist insurance carrier, was joined as a defendant along with Joan Marie Sexson, Paul Brown, Jr., as Personal Representative of the Estate of Paul Brown, P.M. Leasing Company and Russell L. Barton. Prior to trial, Barton and P.M. Leasing were voluntarily dismissed by Roth. The case proceeded to trial and the jury returned a verdict for $181,383.00 in compensatory damages against Sexson, Brown and State Farm. The jury also returned a punitive damages verdict against Sexson in the amount of $1,000,000.00.

At trial, the plaintiff presented substantial testimony concerning headaches she had suffered continuously following the accident. The trial court, after a proffer by the defense, excluded evidence that the plaintiff had suffered a previous head injury. This was, in our view, error due to the centrality of the issue of the cause of plaintiffs migraine headaches. The jury was therefore denied relevant and material evidence related to the cause of those headaches, i.e., the fall versus the accident. This standing alone would warrant reversal.

The foregoing conclusion is made even more compelling in view of post-trial developments concerning the possible pre-existence of plaintiffs migraine headaches. Appellants, shortly after the trial, obtained records from the Florida State University clinic that indicated that plaintiff may have complained of migraine headaches after the fall and before the incident that gave rise to this suit. While the records themselves may not warrant a new trial, when the excluded testimony is considered in conjunction with them, the necessity for a new trial is, in our view, compelling.

We find no error in the trial court’s refusal to allow a set off or in the court’s allowance of interest. We decline to rule on the issues concerning punitive damages since the issue of punitive damages will have to be retried in the new trial.

Based on the foregoing, we therefore reverse and remand this cause for a new trial.

ANSTEAD and STONE, JJ., concur.


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Citator

Cited By

  • Carnival Cruise Lines, Inc. v. Levalley, 786 So. 2d 18 (Fla. 3d DCA 2001)
    …o. 2d 1130 (Fla. 4th DCA 1995)(new trial ordered where defendants precluded from offering admissible expert testimony as to possibility of cause of plaintiffs injury), review denied, 669 So. 2d 253 (Fla.1996); State Farm Mut. Auto. Ins. Co. v. Roth, 552 So. 2d 332 (Fla. 4th DCA 1989)(trial court improperly excluded evidence of plaintiffs medical history related to the issue of causation of plaintiffs injury). While we find no reason for re-trying the damages issue, see Delva v. Value Rent-A-Car, 693 So. 2d 57…

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