FAITH FREIGHT FORWARDING CORPORATION, APPELLANT/CROSS-APPELLEE,
v.
CARLOS ANIAS, APPELLEE/CROSS-APPELLANT
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The Florida Third District Court of Appeal affirmed a jury's finding of liability for retaliatory discharge but reversed the damages award, finding it excessive due to a lack of medical evidence. The court also reversed the denial of punitive damages and attorneys' fees, remanding for further proceedings.
The jury's award of $750,000 was excessive and unsupported by medical evidence. The employee should have been allowed to assert a claim for punitive damages, and the offer of judgment was valid, entitling the employee to attorneys' fees if the final judgment exceeds the offer by 25%.
[1] An award of damages is excessive and subject to remittitur or a new trial when it is not supported by medical evidence of causation for psychological harm or worsening of…
[2] The failure to grant a motion for remittitur when a jury award is excessive constitutes an abuse of discretion.
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“But, in light of the absence of medical evidence that the Employer’s conduct caused the Employee’s medical condition to worsen or caused the Employee to suffer past or future psychological harm, we conclude that the jury’s award of $750,000 was excessive.”
Establishes the primary reason for reversing the damages award.
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Join FLexlaw to unlock all legal intelligenceFaith Freight Forwarding Corporation (Employer) appealed a final judgment in favor of Carlos Amas (Employee) for retaliatory discharge for seeking wor…
The full statement of facts, procedural history, and disposition for this case are member content.
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CORRECTED OPINION
We withdraw this Court’s opinion dated September 7, 2016, and substitute the following corrected opinion in its stead.
In a case arising out of a retaliatory discharge for seeking workers’ compensation benefits, Faith Freight Forwarding Corporation (“Employer”) appeals the final judgment entered in favor of Carlos Amas (“Employee”) and the denial of its motion for remittitur. The Employee cross-appeals the orders denying leave to assert a claim for punitive damages and entitlement to attorneys’ fees.
We affirm the jury’s finding of liability. But, in light of the absence of medical evidence that the Employer’s conduct caused the Employee’s medical condition to worsen or caused the Employee to suffer past or future psychological harm, we conclude that the jury’s award of $750,000 was excessive. The fact that the Employee cried on the stand, as noted by his lawyer at oral argument, simply is not sufficient. See Glabman v. De La Cruz, 954 So.2d 60, 63 (Fla.3d DCA 2007) (“[A]fter careful review of the record, we are compelled to reverse the jury verdict on damages as they are so excessive that they could only have been a product of passion and emotion based on [the plaintiffs] emotional testimony rather than the result of the record presented.”); Olen Props. Corp. v. Cancel, 178 So.3d 437 (Fla. 4th DCA 2015) (“In this sex discrimination and retaliation case, we reverse the $700,000 award of non-economic damages as excessive.”); City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008) (“The jury awarded each plaintiff $1,183,544. Of that sum, $1,100,000 was awarded for compensatory damages other than lost wages. We conclude that the award to each individual for the non-economic damages was grossly excessive.”); Ernie Haire Ford, Inc. v. Atkinson, 64 So.3d 131, 133 (Fla. 2d DCA 2011) (reversing $3.5 million in non-economic damages and $1.7 million in damages for past and future lost wages, where the noneconomic damages award was excessive and the damages for past and future lost wages were not supported by the evidence).
Similar to Glabman, Hogan, and Atkinson, the failure to grant the motion for remittitur constituted an abuse of discretion. We remand for the trial court to determine a remittitur amount, or order a new trial on damages if the party adversely affected by the remittitur does not agree to the remitted amount. See § 768.74(4), Fla. Stat. (2014). We also note that the final judgment improperly awarded post-verdict interest. See Amerace Corp. v. Stallings, 823 So.2d 110, 114 (Fla.2002); Ford Motor Co. v. Jimenez, 870 So.2d 831, 833 (Fla. 3d DCA 2003) (“The Amerare decision establishes the general rule that interest is not awardable for the period after the verdict but before the judgment.”). Without discussion, we reject the other arguments raised by the Employer.
Turning to the Employee’s cross appeal, we reverse the order denying leave to assert a claim for punitive damages. Contrary to the trial court’s conclusion, there was “a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2014).
Finally, we reverse the order which held the Employee’s offer of judgment *755pursuant to section 768.79, Florida' Statutes (2014), was invalid. Section 768.79(1) applies “[i]n any civil action for damages filed in the courts of this state...." In construing the term “action for damages,” the Florida Supreme Court held that section 768.79 is inapplicable in cases where the plaintiff sought both damages and equitable relief. Diamond Aircraft Indus., Inc., v. Horowitch, 107 So.3d 362, 374 (Fla. 2013). This case, however, is unlike Diamond Aircraft. Instead, this case more closely resembles DiPompeo Construction Corp. v. Kimmel & Associates, Inc., 916 So.2d 17 (Fla. 4th DCA 2005), where the plaintiffs claim was an action for damages because the “real issue” before the court was whether the plaintiff owed the compensation.
The Employee’s passing reference to “equitable relief’ in the operative complaint does not change our conclusion, particularly where, as here, the Employer could not identify any equitable relief that was ever at issue in the discovery or trial of this matter. See id. at 18 (“[T]his court has looked behind the procedural vehicle used to bring a lawsuit and focused on whether the ‘real issue’ in the case is one for damages.”); see also Diamond Aircraft, 107 So.3d at 373 (citing DiPompeo with approval). Thus, the Employee is entitled to recover attorneys’ fees under the offer of judgment statute if, after the issue of damages has been fully resolved on remand, it “recovers a judgment in an amount at least 25 percent greater than the offer.” § 768.79(1).
For these reasons, we affirm the jury’s finding of liability, but we reverse the jury’s award of damages, the trial court’s award of post-verdict interest, the order denying leave to assert a claim for punitive damages, and the order denying entitlement to attorneys’ fees pursuant to the offer of judgment statute.
Affirmed in part; reversed in part; and remanded for further proceedings consistent with this opinion.
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Tower Hill Signature Ins. Co. v. Javellana, 238 So. 3d 372 (Fla. 3d DCA 2017)…clearly framed [*377] this case as an action for damages, the offer of judgment statute properly applied." Id. at 999. This court has followed the Nelson/ DiPompeo analysis approved in Diamond Aircraft . See Faith Freight Forwarding Corp. v. Anias, 206 So. 3d 753, 755 (Fla. 3d DCA 2016) (reversing trial court's order invalidating offer of judgment and, citing DiPompeo , holding that such an offer is permitted "where the plaintiff's claim was an action for damages because the 'real issue' before the court was…
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Wickboldt v. Mass. Mut. Life Ins. Co. (M.D. Fla. 2021)…case was entitlement to damages, not a declaratory judgment.” Id. at 163–64. Other post-Diamond decisions similarly focus on whether the “real issue” in a case is monetary relief, regardless of labels. See Faith Freight Forwarding Corp. v. Anias, 206 So. 3d 753, 754–55 (Fla. 3d DCA 2016) (reversing trial court’s denial of section 768.79 fees where the complaint made “passing reference to ‘equitable relief’” but no equitable relief was ever at issue); MYD Marine Distrib., Inc. v. Int’l Paint Ltd…
Authorities Cited
- Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013)
- King v. State, 986 So. 2d 634 (Fla. 1st DCA 2008)
- Amerace Corp. v. Stallings, 823 So. 2d 110 (Fla. 2002)
- DiPOMPEO Constr. Corp. v. Kimmel & Assocs., Inc., 916 So. 2d 17 (Fla. 4th DCA 2005)
- Thompson v. Cone Distrib., Inc., 954 So. 2d 60 (Fla. 1st DCA 2007)
- David Glabman, M.D. v. DE LA Cruz, 954 So. 2d 60 (Fla. 3d DCA 2007)
- Olen Props. Corp. v. Cancel, 178 So. 3d 437 (Fla. 4th DCA 2015)
- Ford Motor Co. v. Jimenez, 870 So. 2d 831 (Fla. 3d DCA 2003)
- Ernie Haire Ford, Inc. v. Atkinson, 64 So. 3d 131 (Fla. 2d DCA 2011)
- Kadey-Krogen Yachts, Inc. v. Curt Marsh and Curt Marsh, 870 So. 2d 831 (Fla. 3d DCA 2003)