AIRCRAFT SERVICE INTERNATIONAL, INC., APPELLANT,
v.
ROBERT JACKSON, ET AL., APPELLEES

Fla. 3d DCA | 1995-12-06
No. 94-2302
Before NESBITT, LEVY and GERSTEN, JJ.
768 So. 2d 1094 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 8 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

Aircraft Service International appeals a jury verdict awarding $2.96 million to Jackson for injuries sustained when Aircraft's fuel truck struck Jackson's vehicle at Miami International Airport. The court affirmed the non-economic damages award but reversed and remanded for a new trial on economic damages, finding the jury's award for future economic damages lacked evidentiary support.


Holding

The court reversed and remanded for a new trial solely on past and future economic damages. The jury's award of $903,500 for combined future economic damages was not supported by evidence, as the maximum supportable amount based on expert testimony was $733,070. The award for past medical expenses also exceeded the proven amount of $143,000.


Headnotes

[1] A jury award exceeding a definite and ascertainable amount for past medical expenses is subject to vacation and remand.

[2] A jury's award for future economic damages is subject to reversal if it is not supported by the evidence and cannot be logically adduced by reasonable persons.

Previewing 2 of 5 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

Key Quotes

“the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons”

This statutory criterion from §768.043(2)(e) was not met because no evidence supported the jury's $903,500 award for future economic damages

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Jackson was driving a fuel truck at Miami International Airport when struck from behind by an Aircraft-owned fuel truck. Jackson suffered injuries req…

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.

Aircraft Service International, Inc. (Aircraft), appeals a final judgment and award entered pursuant to a jury verdict in a personal injury action in favor of Robert Jackson and his wife Verlinda, plaintiffs below. Aircraft also appeals the lower court’s denial of its motion for a new trial or, in the alternative, a remittitur. We affirm in part, reverse in part, and remand for a new trial solely as to the award of economic damages.

Jackson was driving a fuel truck at Miami International Airport which, while stopped at a stop sign, was struck from behind by a fuel truck owned by Aircraft and operated by one of its employees. Jackson filed a negligence action against Aircraft. At trial, there was evidence presented which indicated that Jackson’s past medical bills totalled $143,000.00. Additionally, there was medical testimony regarding the treatment Jackson would require in the future. The total cost of this treatment was placed at $452,090.00.

Finally, plaintiffs expert testified as to Jackson’s past lost earnings and his future loss of earning capacity. The former was calculated to be $55,960.00. With respect to the future loss, Jackson’s expert supplied several different estimates, all reduced to present money value. First, Jackson’s future loss was calculated assuming he never worked again at any job and would have retired at either age 62 or 65. These amounts were $255,649.00 and $280,980.00, respectively. Second, Jackson’s future loss of earning capacity was calculated assuming, consistent with some of the evidence presented, that Jackson could return to some “light-duty work.” At age 62 this number was $184,560.00 and at age 65 it was $202,933.00.

In closing argument, Jackson’s counsel argued for the exact amounts presented above with respect to past lost earnings and past and future medical expenses. After briefly alluding to the alternatives, plaintiffs counsel chose the lowest of those figures available in arguing for $184,560.00 as damages for future loss of earning capacity. Finally, Jackson’s counsel argued for a total of $1,720,000.00 in past and future non-economic damages.

The jury entered an award in Jackson’s favor totalling $2,958,500.0o.1 Of that amount, $1,850,000.00 was for past and future non-economic damages. The remaining $1,108,500 was awarded as follows: (1) $150,000 for past medical expenses; (2) $55,000 for past lost earnings; and (3) $903,500, which was the present money value of Jackson’s future medical expenses and lost earning capacity.

Aircraft raises several points on appeal only one of which merits discussion. That is, whether the lower court abused its discretion in denying Aircraft’s motion for a remittitur or new trial in the alternative. We first note that in ruling on this motion and, in particular, on whether the verdict was excessive, the lower court was obligated to look to and follow sections 768.043 and 768.74 of the Florida Statutes. Both sections have identical provisions which list criteria a court should look to when examining an award for excessiveness. The criteria are as follows:

(a) Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact. (b) Whether it clearly appears that the trier of fact ignored the evidence in reaching the verdict or misconceived the merits of the case relating to the amounts of damages recoverable.

(e) Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation or conjecture.

(d) Whether the amount awarded bears a reasonable relation the amount of damages proved and the injury suffered.

(e) Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.

§ 768.043(2), Fla.Stat. (1993).

In reviewing the trial judge’s order denying Aircraft’s motion, “[t]he test to be applied is the reasonableness of the trial judge’s decision based on this court’s examination of the record.” Salazar v. Santos (Harry) & Co., 537 So. 2d 1048, 1050 (Fla. 3d DCA) (citations omitted), review dismissed, 544 So. 2d 200 (Fla.), and review denied, 545 So. 2d 1367 (Fla.1989). Our examination of the record, in light of the factors listed above, leads us to conclude that the lower court abused its discretion in denying Aircraft’s motion for remittitur or new trial as to damages.

There was uncontroverted evidence presented by Jackson that his past medical expenses totalled $143,000.00, yet the jury awarded him $150,000.00. Awards exceeding such a definite and ascertainable amount are readily vacated and remanded. Kg., K.C. v. A.P., 577 So. 2d 669, 671 (Fla. 3d DCA), review denied, 589 So. 2d 289 (Fla.1991); Hollins v. Perry, 582 So. 2d 786 (Fla. 5th DCA 1991).

More troubling, however, is the jury’s award for Jackson’s future economic damages. Unfortunately, the verdict form provided for a total amount which combined future damages for medical expenses and lost earning ability. The jury awarded Jackson $903,500.00, representing the total present money value of his future economic damages. It is impossible to tell what portion of this award was attributable to each item of future damages.

This difficulty notwithstanding, Jackson’s counsel has not pointed to evidence in the record, and our own examination has not revealed any, which could reasonably support the total future economic damages awarded by the jury. Jackson presented evidence that his total future medical expenses reduced to present value were $452,090.00. His expert testified that his damages for future loss of earning capacity, reduced to present value, could reasonably range from $184,560.00 to $280,980.00. In closing, Jackson’s counsel argued for a total future economic damage award of $636,560.00. Based on the evidence presented, he could have argued for an amount as high as $733,070.00. There is absolutely no indication of how the jury arrived at $903,500.00. In sum, we fail to see how “the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.” § 768.043(2)(e), Fla.Stat. (1993); see W.R. Grace & Co.-Conn. v. Pyke, 661 So. 2d 1301 (Fla. 3d DCA 1995); Broward Community College v. Schwartz, 616 So. 2d 1040 (Fla. 4th DCA 1993); Dyes v. Spick, 606 So. 2d 700 (Fla. 1st DCA 1992); K.C. v. A.P., 577 So. 2d at 669; Gup v. Cook, 549 So. 2d 1081 (Fla. 1st DCA 1989), approved in part, quashed in part, 585 So. 2d 926 (Fla.1991).

Consequently, we reverse and remand for a new trial solely as to the past and future economic damages issues. See Auto-Owners Ins. Co. v. Tompkins, 651 So. 2d 89 (Fla.1995) (remanding for a new trial solely on the issue of future economic damages). For retrial purposes we recommend that, as was done for past economic damages, the verdict form provide for the separate itemization of future medical expenses and future loss of earning capacity. See, e.g., Plazza v. Patio Concrete, Inc., 567 So. 2d 908 (Fla. 2d DCA 1990), review denied, 577 So. 2d 1328 (Fla.1991). Reversed and remanded for a new trial solely as to the past and future economic damages issues. Affirmed in all other respects.

. Verlinda Jackson also received an award for loss of consortium which was $150,000.00.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • ST. John v. Coisman, 799 So. 2d 1110 (Fla. 5th DCA 2001)
    …l issue here because the court did not reduce the award pursuant to this statute. . Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 121 S.Ct. 1678, 149 L.Ed.2d 674 (2001). . See Aircraft Service International Inc. v. Jackson, 768 So. 2d 1094 (Fla 3d DCA 1995). . Nello L. Teer Co. v. Hollywood Golf Estates, Inc., 324 F. 2d 669 (5th Cir.1963)(Florida); Florida Public Utilities Co. v. Wester, 150 Fla. 378, 7 So. 2d 788 (1942). Floridians also have substantive rights to be free from excess…
  • Burger King Corp. v. Lastre-Torres, 202 So. 3d 872 (Fla. 3d DCA 2016)
    …ment entered in favor of Angel Luis Lastre-Torres. We affirm the final judgment except for the award of past and future medical expenses as those were excessive and not supported by the undisputed evidence. See Aircraft Serv. Int'l, Inc. v. Jackson, 768 So. 2d 1094, 1096 (Fla. 3d DCA 1995) (stating that “[ajwards exceeding [a] definite and ascertainable amount are readily vacated and remanded”). Accordingly, upon remand the trial court is instructed to reduce the past medical expenses to $4,026.35 and the futu…
  • …e for Martins to establish that Dr. Anderson’s testimony as to future economic damages did not contribute to the verdict. It also requires us to remand for a new trial on all damages included in Question 6. See Aircraft Serv. Int’l, Inc. v. Jackson, 768 So. 2d 1094, 1096 (Fla. 3d DCA 1995) (remanding for new trial on past and future economic damages when 20 “[u]nfortunately, the verdict form provided for a total amount which combined future damages for medical expenses and lost earning ability”); Eagle Atl. C…

Previewing 3 of 6 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