MEDARDO FLORES CANALES, APPELLANT,
v.
COMPANIA DE VAPORES REALMA, S.A., AND INTERNATIONAL SHIPS SERVICES, LTD., APPELLEES

Fla. 3d DCA | 1990-07-31
No. 89-1203
Before BASKIN, JORGENSON and GODERICH, JJ.
564 So. 2d 1212 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 18 cases

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Synopsis

The appellate court reversed a final judgment for the shipowner, finding reversible error in the trial court's refusal to admit the deposition of the shipowner's representative.


Holding

The appellate court held that the trial court committed reversible error by refusing to admit the deposition of the shipowner's representative into evidence, as it could be used by an adverse party for any purpose.


Headnotes

[1] A deposition of a designated corporate representative may be used by an adverse party for any purpose, regardless of the representative's availability to testify at trial…

[2] Evidence of a party's marriage proposal offering money to avoid deportation is inadmissible if its probative value is substantially outweighed by its prejudicial effect.

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Facts & Procedural History

The appellant, an injured seaman, sued the shipowner under the Jones Act and general maritime law for damages, maintenance, cure, and unseaworthiness.…

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Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

Merdado Flores Canales appeals the entry of an adverse final judgment in his action against Compañía de Vapores Real-ma, S.A., and International Ships Services, Ltd., (collectively “the shipowner”) for damages resulting from injuries he sustained while performing his duties aboard the M/V Dolphin. We reverse and remand for a new trial.

Canales was injured when he slipped and fell down a set of stairs on the M/V Dolphin while executing his shipboard duties. Canales sued the shipowner for damages under the Jones Act, 46 U.S.C.A.App. 688, alleging failure to provide a safe workplace and failure to provide prompt and adequate medical care; he also sought maintenance and cure and damages predicated on unseaworthiness of the vessel under general maritime law. The jury returned a verdict for the shipowner, and the trial court entered final judgment. Canales filed this appeal, contending that the trial court committed numerous errors during the course of trial. We need address only three of the points.

First, Canales asserts that the trial court committed reversible error in refusing to admit into evidence the deposition of the shipowner’s representative, necessitating his calling the representative as an adverse witness. In his deposition, the representative had stated that a back injury was the reason the shipowner would not rehire Canales; however, at trial, the representative testified that Canales would not be rehired because he was “a fraud.” The trial court erred in excluding the deposition. Florida Rule of Civil Procedure 1.330(a)(3) provides that the deposition of a designated corporate representative “may be used by an adverse party for any purpose.” [Emphasis supplied.] The deposition may be used without regard to whether the representative is available to testify at trial. LaTorre v.

First Baptist Church of Ojus, 498 So. 2d 455 (Fla. 3d DCA 1986), review denied, 503 So. 2d 326 (Fla.1987). Although the representative’s testimony was subject to impeachment by reference to the deposition, Canales was entitled to utilize the deposition without being exposed to the prejudicial responses and character assassination the representative supplied. LaTorre; Vecsey v. Vecsey, 115 So. 2d 719 (Fla. 3d DCA 1959); Cooper v. Atlantic Coast Line R.R. Co., 187 So. 2d 673 (Fla. 1st DCA), cert. denied, 194 So. 2d 617 (Fla. 1966).

Consequently, we hold that the trial court committed reversible error in refusing to admit the deposition of the shipowner’s representative into evidence and limiting its use solely to impeachment.

Second, Canales contends that the trial court abused its discretion in permitting testimony and commentary about a marriage proposal Canales purportedly made offering money to a woman to marry him so that he could avoid deportation. The employer’s response is that the marriage proposal is admissible because it sheds light on Canales’ credibility. We disagree: any probative value such evidence might offer is far outweighed by its prejudicial effect. DeSantis v. Acevedo, 528 So. 2d 461 (Fla. 3d DCA 1988); see also La Reina Pharmacy, Inc. v. Lopez, 453 So. 2d 882 (Fla. 3d DCA 1984); Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940).

Third, Canales maintains that the trial court erred in striking portions of his requested jury instructions on maintenance and cure. A party is entitled to jury instructions that accurately reflect the party’s theory of the case, when evidence supports the theory. L.K. v. Water’s Edge Ass’n, 532 So. 2d 1097 (Fla. 3d DCA 1988); Luster v. Moore, 78 So. 2d 87 (Fla.1955); Williams v. Sauls, 151 Fla. 270, 9 So. 2d 369 (1942).

The failure to give a requested instruction does not constitute reversible error unless the requested instruction contains an accurate statement of the law supported by the facts, and there is a reasonable possibility that the failure to give the instruction misled the jury. Sears, Roebuck & Co. v. McKenzie, 502 So. 2d 940, 942 (Fla. 3d DCA), review denied, 511 So. 2d 299 (Fla.1987); L.K.; LaTorre. That is what occurred here.

The trial court omitted the portion of Canales’ requested instructions that referred to a seaman’s entitlement to maintenance and cure regardless of any negligence on the part of the seaman, and to the duration of the shipowner’s duty. The Supreme Court has held that the shipowner’s duty to provide maintenance and cure to an injured seaman regardless of acts short of culpable negligence is absolute and furthers the purpose of the maintenance a,nd cure provisions of the Jones Act. Vella v. Ford Motor Co., 421 U.S. 1, 95 S.Ct. 1381, 43 L.Ed.2d 682 (1975); Pelotto v. L & N Towing Co., 604 F. 2d 396 (5th Cir.1979); see also Dos Santos v. Ajax Navigation Corp., 531 So. 2d 231 (Fla. 3d DCA 1988), cert. dismissed, — U.S. -, 109 S.Ct. 1304, 103 L.Ed.2d 574 (1989).

In its instruction, the trial court did not include such a provision and may well have misled the jury into believing that it could consider Canales’ negligence, or that the shipowner’s duty to provide maintenance and cure terminated at a point prior to that provided by statute. The instruction was fatally flawed.

For these reasons, we reverse the final judgment. Our resolution of these issues makes it unnecessary for us to address Canales’ remaining points.

Reversed and remanded for new trial.


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Citator

Cited By

  • Castaneda v. Redlands Christian Migrant Ass'n, Inc., 884 So. 2d 1087 (Fla. 4th DCA 2004)
    …vailable to testify at the trial. Id. (citations omitted). See also W.E. Cooper v. Atl. Coast Line R.R. Co., 187 So. 2d 673 (Fla. 1st DCA 1966). The same rule was applied to a company “representative” in Canales v. Compania de Vapores Realma, S.A., 564 So. 2d 1212, 1213-14 (Fla. 3d DCA 1990). These cases illustrate that the Rules of Civil Procedure have been interpreted by the Florida Courts as being clear and unambiguous with respect to the use of depositions at trial and without regard to whether the depone…
  • Edwards v. Orkin Exterminating Co., Inc., 718 So. 2d 881 (Fla. 3d DCA 1998)
    …insinuate that Edwards, when he was in his early 20’s, had a history of alcohol and drug use. The only purpose of this evidence was to prejudice the jury against Edwards, as it had no probative value. See Canales v. Compania De Vapores Realma, S.A., 564 So. 2d 1212, 1214 (Fla. 3d DCA 1990); Browning v. Lewis, 582 So. 2d 101,102 (Fla. 2d DCA 1991). These issues arose in relation to Edwards’ damages. Edwards claimed that his suicide attempt resulted from his serious skin injuries which caused depression, lack o…
  • Diaz v. Impex OF Doral, Inc., 7 So. 3d 591 (Fla. 3d DCA 2009)
    …So. 2d 513 (Fla. 4th DCA 2002); Woodworth v. Woodworth, 385 So. 2d 1024 (Fla. 4th DCA 1980). Florida law also provides for the use of the deposition of the opposing party as substantive evidence at trial. Canales v. Compania de Vapores Realma, S.A., 564 So. 2d 1212, 1214 (Fla. 3d DCA 1990). The fact that the deponent was available is irrelevant regarding whether the deposition may be used at trial. Finally, Impex asserts on cross-appeal that the verdict was not supported by the evidence indicating that the “e…

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