HOTELERAMA ASSOCIATES, LTD., AND HILTON HOTEL CORPORATION D/B/A THE FONTAINEBLEAU HILTON, APPELLANTS,
v.
IVORY WILCOX AND ANA LEE WILCOX, APPELLEES
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The trial court erred in applying collateral estoppel based on worker's compensation findings to a civil suit.
Plaintiff obtained a worker's compensation award against his employer. The trial court then ruled these findings binding on the employer in a subseque…
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GERSTEN, Judge.
Appellants, Hotelerama Associates, Ltd., and Hilton Hotel Corporation (collectively Fontainebleau) appeal from an order denying motions for a new trial, a judgment notwithstanding the verdict, and a directed verdict. We reverse and remand.
Appellee, Ivory Wilcox, (Wilcox) was an employee of Fontainebleau. Wilcox alleges that he suffered injuries while he was employed by Fontainebleau. Wilcox claims that the injuries he suffered from exposure to dangerous chemicals resulted from Fon-tainebleau’s negligence and fraud.
Previous to this action, Wilcox filed a worker’s compensation claim. In the worker’s compensation proceedings, findings of fact were entered, and Wilcox was awarded benefits. Wilcox then filed this action against Fontainebleau based on negligence and fraud. The trial court instructed the jury that they were bound by the findings in the worker’s compensation proceedings.
Fontainebleau contends, and we agree, that the trial court erred by instructing the jury that it must accept the findings of the worker’s compensation proceedings. This court has previously stated:
[A]ny information as to prior verdicts has the inevitable tendency of causing the jury in the present case to defer to decisions made in a previous one and thus to delegate the uniquely wow-dele-gable duty of reaching its own independent conclusions.
Secada v. Weinstein, 563 So. 2d 172 (Fla. 3d DCA 1990). Thus, it is reversible error:
[To admit] evidence that a previous “fact finder” — whether an investigating police officer, a traffic court, or a jury in a previous trial in the same case-reached a conclusion on an issue in the present trial.
Secada v. Weinstein, 563 So. 2d at 173.
Accordingly, we reverse and remand for a new trial.
Reversed and remanded.
BASKIN, J., concurs.
COPE, Judge
(specially concurring).
While I concur, a word should be said about the rationale for the trial court’s ruling, which was based on the doctrine of collateral estoppel. The plaintiff, Ivory Wilcox, had obtained a worker’s compensation award against his employer, Hotelera-ma Associates, Ltd.1 The trial court ruled that the worker’s compensation findings of fact were binding on Hotelerama in the instant civil suit, and the jury was so instructed.
Because the worker’s compensation statute creates presumptions in favor of the claimant and eliminates employer defenses (including comparative negligence), the burden of proof is lower for a claimant in a worker’s compensation proceeding than for a plaintiff in an ordinary civil action. See Johnson v. Dicks, 76 So. 2d 657, 661 (Fla. 1954); § 440.11, Fla.Stat. (1989). That being so, the lower-burden worker’s compensation findings could not be introduced at the instance of the plaintiff to discharge plaintiff’s higher burden of proof in the civil suit. See 3 A. Larson, The Law of Workmen’s Compensation § 79.72(f) (1989). In the absence of collateral estoppel, there is no alternative basis on which to sustain the admission of the findings, for the reasons set forth in the majority opinion.2
. The only claim which went to trial against Hotelerama was fraud.
. As to Hotelerama’s first ppint on appeal, see 2A A. Larson, The Law of Workmen’s Compensation §§ 68.23, 68.30, 68.32 (1990). See generally id., §§ 68.00, et seq.; Byrd v. Richardson-Greenshields Securities, Inc., 552 So. 2d 1099, 1101 n. 5 (Fla.1989).
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Ivory Wilcox and Ana Lee Wilcox v. Hotelerama Assocs., Ltd., 619 So. 2d 444 (Fla. 3d DCA 1993)…unventilated laundry area. Hotelerama bonded the judgment and appealed. This Court reversed the judgment because of an erroneous jury instruction given by the trial court, and remanded the case for a new trial. See Hotelerama Assoc., Ltd. v. Wilcox, 593 So. 2d 532 (Fla. 3d DCA), review denied, 602 So. 2d 943 (Fla.1992). As the prevailing party on appeal, Hotel-erama was awarded its appellate costs of $55,872.91. Because the Wilcoxes did not pay the cost judgment, Hotelerama moved in the trial court for a sta…
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Ben L. Chiang, M.D. v. Wildcat Groves, Inc., 703 So. 2d 1083 (Fla. 2d DCA 1997)…ould not act as collateral estoppel regarding issue of whether employee was injured in course of employment in lawsuit between health insurance carrier and employee), review denied, 438 So. 2d 835 (Fla. 1983); cf. Hotelerama Assocs., Ltd. v. Wilcox, 593 So. 2d 532 (Fla. 3d DCA) (findings of fact entered in workers’ compensation proceeding not binding on jury in later civil suit for fraud brought by employee against employer), review denied, 602 So. 2d 943 (Fla.1992). Moreover,. there is nothing in the complai…
Authorities Cited
- Byrd v. Richardson-Greenshields Sec., Inc., 552 So. 2d 1099 (Fla. 1989)
- Essie Mae Johnson v. Leonas Dicks, 76 So. 2d 657 (Fla. 1954)
- Secada v. Weinstein, 563 So. 2d 172 (Fla. 3d DCA 1990)