MICHAEL UTVICH, APPELLANT,
v.
MARIO FELIZOLA, APPELLEE
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Utvich, a defendant in an auto accident case, appeals a jury verdict awarding damages to Felizola, a taxi driver whose vehicle was rear-ended. The appellate court affirms, rejecting Utvich's challenges to the damages awards and the trial court's ruling that Felizola need not prove permanent injury because taxis are exempt from Florida's No-Fault Law.
The jury verdict is affirmed. The damages awards for past lost wages and loss of future earning capacity are supported by the record evidence. The trial court correctly ruled that Felizola did not have to prove permanent injury because taxis are statutorily excluded from the No-Fault Law.
[1] A taxi driver injured in a motor vehicle accident is not required to prove a permanent injury to claim pain-and-suffering damages, as taxis are excluded from the Florida…
[2] A jury award for past lost wages is supported by the record when it includes compensation for lost wages and the value of a partially paid-for asset relevant to the plain…
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“The jury clearly intended to make an award for past lost wages plus loss of Felizola's partially paid-for taxi medallion. The award is well supported by the record evidence.”
Establishes that the damages award for past lost wages is supported by the record, rejecting Utvich's challenge.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1996, Felizola, a taxi driver, was stopped while unloading a passenger when his taxi was rear-ended by Utvich. Felizola sued for injuries from the …
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COPE, J.
Appellant Michael Utvich, the defendant in this auto accident action, appeals a jury verdict in favor of appellee Mario Felizola, the plaintiff below, and the denial of his motion for new trial. We affirm.
In 1996, Felizola was a taxi driver who was stopped and unloading a passenger when his taxi was rear-ended by Utvich. Felizola sued Utvich for injuries received in the accident. Prior to trial the court ruled that Felizola did not have to prove that he suffered permanent injuries in order to claim pain-and-suffering damages, because Felizola’s taxi was exempt from the requirements of the Florida Motor Vehicle No-Fault Law, sections 627.730-627.7405, Florida Statutes (1995). During the trial Felizola presented evidence as to a decrease in his income since the date of the accident and evidence of a decrease in his ability to earn income in the future. The jury awarded Felizola damages for past lost wages, past medical expenses, past pain and suffering, and loss of future earning capacity.
Utvich has appealed claiming that the trial court should have granted his motion for new trial because the amount awarded for past lost wages was in excess of the amount supported by the record. We disagree. The jury clearly intended to make an award for past lost wages plus loss of Felizola’s partially paid-for taxi medallion. The award is well supported by the record evidence. See Capital Bank v. MVB, Inc., 644 So. 2d 515, 522 (Fla. 3d DCA 1994); Phillips v. Ostrer, 481 So. 2d 1241, 1246 (Fla. 3d DCA 1985).
Utvich also contends that the award for loss of future earning capacity was not supported by the evidence. We again disagree. There was a sufficient evidentiary basis in the record for the jury’s calculation of damages for Felizola’s loss of future earning capacity. Utvich complains that Felizola’s counsel improperly referred to this claim as being for future lost wages instead of future earning capacity, but there was no objection by Utvich to this terminology.
Finally, Utvich contends that the trial court erred in finding Felizola did not have to prove permanent injury in order to claim pain-and-suffering damages. The trial court was correct. Taxis are defini-tionally excluded from the no fault law. See § 627.733(1), Fla. Stat. (1995)(“Every owner or registrant of a motor vehicle, other than a motor vehicle used as a taxicab ... shall maintain security as required by subsection (3) .... ”)(emphasis added); Lasky v. State Farm, Ins. Co., 296 So. 2d 9, 21-22 (Fla.1974)(“[T]axis, motorcycles, busses and commercial vehicles do not come within the provisions of the no-fault act.”). Thus, taxi drivers do not fall within the scope of the statutes requiring claimants to prove permanency.
Affirmed.
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Winn Dixie Stores, Inc. v. Flor Peugnet, 758 So. 2d 1250 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. See Utvich v. Felizola, 742 So. 2d 847 (Fla. 3d DCA 1999)(sufficient evidentiary basis existed for loss of future earning capacity award); La Villarena, Inc. v. Acosta, 597 So. 2d 336 (Fla. 3d DCA 1992)(jury question existed as to adequacy of warning of wet floor).…
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Cont'l Cas. v. State Farm (15th Cir. Ct. App. Div. 2011)…he accident, there would be no violation of due process, as coverage already existed under the express terms of the policy. B. THE APPLICABILITY OF THE PIP STATUTE'S REIMBURSEMENT REQUIREMENT TO TAXICABS. Continental relies upon Utvich v. Felizola, 742 So. 2d 847, 848 (Fla. 3d DCA 1999), for the proposition that "[t]axis are definitionally excluded from the no fault law." Utvich, however, relied in part upon older case law which construed a prior version of the Florida Motor Vehicle No-Fault Law. See Lasky v…
Authorities Cited
- Washington v. State, 296 So. 2d 9 (Fla. 1974)
- Lasky v. State Farm Ins. Co., 296 So. 2d 9 (Fla. 1974)
- Jasma Corp. v. Cap. Bank, 644 So. 2d 515 (Fla. 3d DCA 1994)
- Phillips v. Ostrer, 481 So. 2d 1241 (Fla. 3d DCA 1985)