CITY STORES COMPANY, D/B/A RICHARD'S, APPELLANT,
v.
SUSAN A. LANGER, A MINOR, ETC., ET AL., APPELLEES
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City Stores Company appeals a jury verdict awarding a minor plaintiff and her father damages for wrongful detention and prosecution related to a shoplifting incident. The appellate court found the father's damages award excessive, reducing it from $13,000 to $280 based on established principles limiting parental recovery to pecuniary losses only.
The award to William Langer was excessive and reduced to $280. A parent can recover only pecuniary losses—specifically loss of the child's services and medical expenses—and cannot recover for his own suffering, pain, embarrassment, or humiliation caused by the child's injuries. The only recoverable damages were $250 in attorney's fees and $30 in medical expenses.
[1] A parent's recovery for injuries to a minor child is limited to the pecuniary loss, specifically the loss of the child's services and medical expenses.
[2] A parent cannot recover for their own suffering, pain, embarrassment, or humiliation resulting from injuries to their minor child.
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“A parent can recover only his pecuniary loss as a result of injury to his minor child, and such loss was limited to two elements: (1) the loss of the child's services, and (2) medical expenses in effecting or attempting to effect a cure.”
Establishes the governing legal standard limiting parental recovery to pecuniary losses only
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Join FLexlaw to unlock all legal intelligenceCity Stores Company, doing business as Richard's, detained minor Susan Langer and instituted prosecution against her for petit larceny for allegedly s…
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PER CURIAM.
Defendant-appellant appeals a final judgment entered upon a jury verdict awarding minor plaintiff and her father compensatory and punitive damages.
William Langer, individually and as father of his minor daughter, Susan Langer, filed a suit against defendant-appellant, City Stores Company d/b/a Richard’s for damages for assault and battery, false imprisonment and malicious prosecution. In essence, the complaint alleged that defendant wrongfully detained and instituted prosecution of Susan Langer, a minor, on a charge of petit larceny for the theft of a belt. The cause proceeded to trial at the conclusion of which the jury returned a verdict in favor of Susan Langer, and awarded her $45,006.24 in compensatory damages and $26,000.00 in punitive damages.
The jury also found in favor of William Langer, individually, and awarded him $13,000.00 as compensatory damages based upon his derivative claim for his ex penditures and loss of the services of his minor daughter, Susan. Defendant appeals therefrom.
Appellant raises three points on appeal, only one of which is meritorious, to wit: the award of $13,000.00 to plaintiff-appel-lee, William Langer was so excessive as to shock the judicial conscience.
A parent can recover only his pecuniary loss as a result of injury to his minor child, and such loss was limited to two elements: (1) the loss of the child’s services, and (2) medical expenses in effecting or attempting to effect a cure. Wilkie v. Roberts, 91 Fla. 1064, 109 So. 225 (1926). In addition, the rule has been recognized that there can be no recovery by a parent in action for injuries to his minor child, for the suffering, pain, embarrassment and/or humiliation caused the parent by the injuries of the child. See Annot., 32 A.L.R.2d 1060 at 1078 (1953); Wilkie v. Roberts, supra; Miami Paper Co. v. Johnston, Fla. 1952, 58 So. 2d 869; Youngblood v. Taylor, Fla. 1956, 89 So. 2d 503.
Reviewing the record in the case sub judice in light of the above principles of law, we find that the only evidence contained therein as to the amount of William Langer’s recoverable damages (i. e., pecuniary loss) was a $250.00 lawyer’s fee and a $30.00 doctor bill. The remaining evidence simply reflected appellee Langer’s inconvenience and humiliation caused by Susan’s injury which is not recoverable.
Thus, we conclude that there is evidence to sustain a verdict only in the sum of $280.-00 for compensatory damages against the defendant and in favor of William Langer.
Accordingly, if within thirty (30) days after the filing of the mandate in the trial court, plaintiff-appellee, William Langer remits $12,720.00 of the damages awarded him, the judgment as modified will be affirmed, otherwise the judgment will stand reversed for a new trial on damages only upon William Langer’s derivative claim.
It is so ordered.
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United States v. Dempsey, 635 So. 2d 961 (Fla. 1994)…. Selfe v. Smith, 397 So. 2d 348 (Fla. 1st DCA), review denied, 407 So. 2d 1105 (Fla. 1981); 'Brown v. Caldwell, 389 So. 2d 287 (Fla. 1st DCA 1980); Hillsborough County Sch. Bd. v. Perez, 385 So. 2d 177 (Fla. 2d DCA 1980); City Stores Co. v. Langer, 308 So. 2d 621 (Fla. 3d DCA), dismissed, 312 So. 2d 758 (Fla.1975). Thus, there can be no legitimate doubt that, consistent with common law, a recovery for the loss of an injured child’s companionship is not available to a parent under Florida law as it currently…
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Jerrie Douglas Brown v. Caldwell, 389 So. 2d 287 (Fla. 1st DCA 1980)…est the award of $3,017.00; but they contend the award of $15,000.00 for future medical was erroneous as a matter of law. We agree. A parent can only recover his pecuniary loss as a result of injury to his minor child. City Stores Company v. Langer, 308 So. 2d 621 (Fla. 3rd DCA 1975), appeal dismissed 312 So. 2d 758 (La.). The parent’s right of action is totally independent of any action by the child. Although the child must sue by his “next friend” (if there is no guardian or other like fiduciary, Rule 1.210…
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Selfe v. Smith, 397 So. 2d 348 (Fla. 1st DCA 1981)…ict court opinions in Stewart v. Gilliam, 271 So. 2d 466, 477 (Fla. 4th DCA 1972), rev’d, 291 So. 2d 593 (Fla.1974). . Youngblood v. Taylor, 89 So. 2d 503 (Fla.1956); Brown v. Caldwell, 389 So. 2d 287 (Fla. 1st DCA 1980); City Stores Co. v. Langer, 308 So. 2d 621 (Fla. 3d DCA 1975), dism., 312 So. 2d 758 (Fla.1975). . Annot., 92 A.L.R.3d 9 (1979) (nonuse of seat belt as contributory negligence in states barring recovery for contributory negligence). . Annot., 95 A.L.R.3d 239 (1979) (nonuse of seat belt as…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Am. Cont'l, Inc. v. Bloomberg, 89 So. 2d 503 (Fla. 1956)
- Wilkie v. Holstead Roberts, 91 Fla. 1064 (Fla. 1926)
- Miami Paper Co. v. Johnston, 58 So. 2d 869 (Fla. 1952)