SEABOARD COAST LINE RAILROAD CORPORATION, A FOREIGN CORPORATION, APPELLANT,
v.
MINNIE ROBINSON, ADMINISTRATRIX OF THE ESTATE OF CORRINE SIMMONS, DECEASED, APPELLEE
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The Florida District Court of Appeal reversed a $10,000 wrongful death jury verdict, finding insufficient evidence to support the damage award for the estate of a 64-year-old widow with no employment or significant income. The court held that while the jury's liability finding was proper, the damages award lacked a reasonable evidentiary basis and warranted remand for a new trial or remittitur.
The court affirmed the jury's liability finding as supported by sufficient evidence but reversed the damages award, holding that under the wrongful death statute's measure of damages—the present value of prospective earnings and savings the decedent could reasonably have accumulated—the $10,000 verdict lacked any reasonable evidentiary basis given the decedent's age, lack of employment, and minimal income.
[1] A jury's finding of liability in a wrongful death action will not be overturned if there is sufficient evidence to raise a jury question.
[2] In a wrongful death action brought by an administrator for the estate, damages are measured by the present value of prospective earnings and savings the decedent could ha…
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Join FLexlaw to unlock all legal intelligence“the present value of the prospective earnings and savings which the evidence indicates the decedent could reasonably have been expected to have accumulated during his life expectancy after becoming of age and to have left to his heirs or beneficiaries at his death”
Establishes the legal standard for measuring damages in wrongful death actions brought by an administrator under Florida law.
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Join FLexlaw to unlock all legal intelligenceCorrine Simmons, a 64-year-old widow, died in a motor vehicle-train collision. At the time of death, she had a life expectancy of approximately 13 yea…
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This appeal is taken from a final judgment on a jury verdict awarding $10,000 to the estate of Corrine Simmons in a wrongful death action, brought by her adminis-*627tratrix, as a result of a motor vehicle-train collision.1 Defendant-appellant appeals the judgment both as to liability and as to the refusal of the trial judge to grant a remit-titur of the damage award. At the outset, we think there was sufficient evidence to raise a jury question as to liability, and find no reason to overturn the jury’s finding in this regard. We must reverse, however, on the question of damages.
The measure of damages under the wrongful death statute, when the administrator (administratrix) brings the action for the estate, is : 2
. . the present value of the prospective earnings and savings which the evidence indicates the decedent could reasonably have been expected to have accumulated during his life expectancy after becoming of age and to have left to his heirs or beneficiaries at his death . . . . That which may be considered in measuring the recovery includes evidence of age, probable duration of life, habits of industry, means, business, earnings, health, skill, and reasonable future expectations. . . .”
Here, the decedent was a 64 year old widow with a life expectancy of approximately 13 years. Undisputedly, she was not employed and had no business, skills, earnings or assets other than personal effects. She received minimal social security benefits derived through her deceased husband, and she received occasional gratuitous financial assistance from her niece, the ad-ministratrix herein; but there was no evidence that such income exceeded her day to day needs. Concededly, a showing of probability as to the amount of damages is not required; but the evidence still must afford a reasonable basis for the amount decided upon by the jury.3 Under the evidence presently in this record we can find no reasonable basis for the $10,000 verdict nor, indeed, for any other than a nominal award. We therefore reverse and remand for a new trial solely on the issue of damages or, in the discretion of the trial judge, the granting of an appropriate remittitur.4
Reversed.
HOBSON, Acting C. J., and SACK, MARTIN, Associate Judge, concur.
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Touchette v. Bould, 324 So. 2d 707 (Fla. 4th DCA 1975)…uld be fairly and reasonably inferred that during the remainder of their respective lives, the decedents would have enjoyed any appreciable income in excess of their normal day-to-day needs. See, Seaboard Coast Line Railroad Corporation v. Robinson, 263 So. 2d 626 (2nd DCA Fla.1972). SURVIVAL ACTION — PUNITIVE DAMAGES Having concluded that the judgment for compensatory damages in favor of the survivorship plaintiff must be reversed, it follows, and we so hold, that the award of punitive damages to the survi…
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Perez v. Am. Mut. Liab. Ins. Co., 288 So. 2d 541 (Fla. 2d DCA 1973)…aled from, as it relates to the claim of the administratrix, is hereby reversed for a new trial on the issue of damages only. MANN, C. J., concurs specially with opinion. BOARDMAN, J., dissents. . (Fla.App.1963), 193 So. 2d 13. . (Fla.App.1972), 263 So. 2d 626. . See, e. g., Marianna & B. R.. Co. v. May (Fla.1922), 83 Fla. 624, 91 So. 553, and Burch v. Gilbert (Fla.App.1963), 148 So. 2d 289. . Cf., Short v. Grossman (Fla.1971), 245 So. 2d 217. . (Fla.1971), 255 So. 2d 267.…
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Barlow v. N. Okaloosa Med. Ctr., 877 So. 2d 655 (Fla. 2004)…221, 1227 (Fla. 1st DCA 1977) (concluding that there was “not any record basis for an award for loss of net accumulation of [decedent’s] prospective estate” in the absence of proof of decedent’s expenses); Seaboard Coast Line R.R. Corp. v. Robinson, 263 So. 2d 626, 627 (Fla. 2d DCA 1972) (reversing a jury award of damages in a wrongful death action where there was no evidence that the decedent’s income from social security and gratuitous financial assistance exceeded her day to day needs). On this record, no…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Marianna & Blountstown R.R. Co. v. May, 83 Fla. 524 (Fla. 1922)
- Threets v. Hardison, 255 So. 2d 267 (Fla. 1971)
- Burch v. Gilbert, 148 So. 2d 289 (Fla. 1st DCA 1963)
- Hardison v. Threets, 241 So. 2d 694 (Fla. 4th DCA 1970)
- Lain Dobbs v. Dobbs, 88 Fla. 524 (Fla. 1925)
- Johney Duren v. Simons, 88 Fla. 524 (Fla. 1925)