BILL RUCKER, ET AL., APPELLANTS,
v.
GARLOCK, INC., APPELLEE

Fla. 3d DCA | 1996-04-24
No. 95-190
Before NESBITT, LEVY and GODERICH, JJ.
672 So. 2d 100 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 16 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.


Holding

The court held that the trial court did not err in refusing a preemptive jury instruction on causation and in submitting a verdict form that included a question on damages, as the jury was not misled.


Headnotes

[1] A trial court has discretion in giving jury instructions, and such decisions will not be disturbed on appeal absent prejudicial error that results in a miscarriage of jus…

[2] A miscarriage of justice requiring reversal occurs when jury instructions are reasonably calculated to confuse or mislead the jury.

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

Facts & Procedural History

Plaintiffs sued for damages from asbestos exposure. The trial court struck the defendant's pleadings for discovery violations, proceeding to a damages…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
NESBITT, Judge.

NESBITT, Judge.

Bill and Roberta Rucker sued Garlock, Inc., a manufacturer and distributor of asbestos products, claiming Bill Rucker had incurred damages as a result of asbestos exposure. Based upon discovery violations, the trial court struck Garlock’s pleadings and the cause proceeded to trial on damages only. At trial, Rucker presented expert evidence that he had an asbestos-related disease. Garlock introduced expert testimony that Rucker was well. Garlock argued that there was insufficient indication of asbestosis, and thus, Rucker had suffered no damage. The jury returned a verdict in Garlock’s favor. Rucker’s main point on appeal is his claim that the trial court erroneously submitted the issue of causation to the jury. We affirm the order under review.

Decisions regarding jury instructions are within the sound discretion of the trial court and should not be disturbed on appeal absent prejudicial error. Prejudicial error requiring reversal of judgment or new trial occurs only where the error complained of has resulted in a miscarriage of justice. A miscarriage of justice arises where instructions are reasonably calculated to confuse or mislead the jury. Goldschmidt v. Holman, 571 So. 2d 422 (Fla.1990); Reyka v. Halifax Hosp. Dist. 657 So. 2d 967 (Fla. 5th DCA 1995); Broward County v. Russell, Inc., 589 So. 2d 983 (Fla. 4th DCA 1991); § 59.041, Fla.Stat. (1995).

Rucker points to two of the trial judge’s decisions at the charge conference to support, the claim that he is entitled to a new trial. First, the trial judge denied Rucker’s request for Florida Standard Jury Instruction 3.1(d), which as requested, read:

The court has determined and now instructs you, as a matter of law, that Gar-lock, Inc. was negligent and that such negligence was a legal cause of injury and damages to Bill Rucker and Roberta Ruck-er. Bill Rucker and Roberta Rucker are therefore entitled to recover from Garlock, Inc. for such injury and damages as are shown by the greater weight of the evidence to have thus been caused.

The court has determined and now instructs you, as a matter of law, that Gar-lock, Inc. is strictly liable and that such defective product was a legal cause of injury and damages to Bill Rucker and Roberta Rucker. Bill Rucker and Roberta Rucker are therefore entitled to recover from Garlock, Inc. for such injury and damages as are shown by the greater weight of the evidence to have thus been caused.

Rucker argued that because causation was not at issue, he was entitled to have this preemptive instruction given. Garlock’s response was that this standard instruction took for granted that damages had resulted, a contested issue in this case. The court declined to give the instruction.

We recognize that a tailored version of this instruction might have been helpful to Rucker, but we also agree that, as proposed, the instruction might have misled the jury into thinking they were obligated to find some damage had occurred as a result of exposure to asbestos, an issue here hotly contested. That is, even with causation not at issue, plaintiff was still obligated to prove some eonnexity between the damages claimed and exposure to asbestos. The instruction as proposed by Rucker was not necessary and, in fact, may have well been misleading if given.

Second, Rucker argues that the trial court erroneously put causation at issue when it adopted Garlock’s proposed verdict form. That form was identical to Rucker’s proposed form except Garlock’s form included the initial question:

1. Did Plaintiff Bill Rucker suffer any damages from exposure to asbestos?

We disagree with Rucker’s claim that this question misled the jury by raising the issue of causation.

Throughout the trial, defense counsel told the jury on a number of occasions that injury resulting from asbestos was what they were being asked to determine. Rucker’s counsel recognized that Florida law required him to prove his client had an asbestos-related injury before he could recover any damages. Rucker’s counsel told the jury in his opening statement:

The only issue that you are going to be asked to decide in this courtroom is the amount of damages that have been suffered by Bill Rucker as a result of his exposure to asbestos. That’s the only issue.

Similarly, Rucker’s counsel later argued:

[T]he only question is does he [Rucker] have an asbestos-related disease and if he does, how severe is it....

Counsel also stated:

The question in this case is only the amount of damages. Now, they can argue that because he didn’t have asbestos or because their doctor doesn’t think he has asbestos, I think the amount of damages are zero....

Counsel argued:

Now, they can contest the fact that as a result of all of the exposure to asbestos, whether it be very small or great or somewhere in the middle as a result of that, we don’t believe that he suffered any damages. They can put Dr. Feingold on there and say regardless of how much asbestos this man was exposed to, I don’t believe that he has a disease or the disease is only at this level....

In sum, while charges better tailored to Rucker’s claim and the burden Rucker carried in this case might have been given, we cannot conclude that the jury was misled or confused by the charge as given, or that any miscarriage of justice occurred. See Goldschmidt, 571 So. 2d at 422; § 59.041, Fla.Stat. (1995). On the evidence presented, a jury could have simply concluded that Rucker suffered no injury resulting from exposure to asbestos.

Accordingly, the order under review is affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Sparks-Book v. The Sports Auth., Inc., 699 So. 2d 767 (Fla. 3d DCA 1997)
    …ial on the question of the plaintiffs’ damages.1 . With respect to the plaintiffs' contention that the first question on the verdict form was inconsistent with the defendant’s admission of liability, we refer the parties to Rucker v. Garlock, Inc., 672 So. 2d 100 (Fla. 3d DCA 1996). There, in a trial solely on damages we held: ‘‘[E]ven with causation not at issue, plaintiff was still obligated to prove some connexity between the damages claimed and the [defendant’s tortious conduct].” Id. at 102.…
  • Hernandez v. Gonzalez, 124 So. 3d 988 (Fla. 4th DCA 2013)
    …, Inc., 699 So. 2d 767, 768 n. 1 (Fla. 3d DCA 1997) (“ ‘[E]ven with causation not at issue, plaintiff was still obligated to prove some connexity between the damages claimed and the [defendant’s tortious conduct].’” (quoting Rucker v. Garlock, Inc., 672 So. 2d 100, 102 (Fla. 3d DCA 1996))). Where there is a dispute as to whether a plaintiffs injuries resulted from the subject accident, a verdict awarding the plaintiff only a portion of his or her damages, or perhaps none at all, does not require a new trial a…
  • R.J. Reynolds Tobacco Co. v. Ciccone, 123 So. 3d 604 (Fla. 4th DCA 2013)
    …ally accorded broad discretion in formulating jury instructions,” Barbour v. Brinker Fla., Inc., 801 So. 2d [*615] 958, 959 (Fla. 5th DCA 2001), and such decision “should not be disturbed on appeal absent prejudicial error.” Rucker v. Garlock, Inc., 672 So. 2d 100, 101 (Fla. 3d DCA 1996). “In order for a jury instruction to result in a miscarriage of justice, it must not only be erroneous or an incomplete statement of the law but also be confusing or misleading.” Costa v. Aberle, 96 So. 3d 959, 963 (Fla. 4th…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw