BENEDETTO PLAZZA, APPELLANT,
v.
PATIO CONCRETE, INC., A FLORIDA CORPORATION, AND CHUCK LEO BROOKS, APPELLEES

Fla. 2d DCA | 1990-08-31
No. 89-01563
FRANK and PATTERSON, JJ., concur.
567 So. 2d 908 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 6 cases

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Synopsis

In this damages appeal, the Florida District Court of Appeal reversed a trial court's order granting a new trial on damages, finding that the jury's verdict was supported by competent substantial evidence. The trial judge had questioned whether the jury properly calculated present value of future damages, but the court concluded the jury used the 'real interest rate approach' testified to by appellant's expert witness.


Holding

The court held that the jury verdict was supported by competent substantial evidence and should not have been disturbed. The jury utilized the 'real interest rate approach' (total-offset method) testified to by appellant's expert, which was the only method of calculating present value presented in the record and was an approved method under Florida law.


Headnotes

[1] A jury verdict on damages will be upheld if supported by competent substantial evidence.

[2] A new trial on damages should not be granted if the jury's verdict is supported by competent substantial evidence.

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Key Quotes

“the jury utilized this approach which appellant's expert testified to and which was the only evidence in the record as to a method of calculating present value, to arrive at a present value figure”

Establishes that the jury applied the only expert methodology presented regarding present value calculation

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Facts & Procedural History

Appellant Plazza was injured and sued Patio Concrete, Inc. and Chuck Leo Brooks for damages. The jury awarded $15,000 per year in lost earning capacit…

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Opinion of the Court
CAMPBELL, Acting Chief Judge.

CAMPBELL, Acting Chief Judge.

Appellant, plaintiff below, challenges the trial court’s final order granting appellees’, .defendants below, motion for new trial on the issue of damages. While appellant raises two issues on appeal, we find it necessary to reach only the question of whether there was competent substantial evidence to support the jury verdict on damages. Finding that the jury verdict was so supported, we conclude that it should not have been disturbed and, therefore, reverse the order granting a new trial.

That portion of the jury’s verdict which resulted in the trial judge’s order for a new trial found as follows:

2. What is the total amount of future (after verdict) losses for the medical expenses, lost earnings or earning capacity, the number of years for which you intend to provide compensation for each loss, and the present value of any amounts awarded?

a. Amount for medical expenses? $ 0

For how many years? $ 0 (Yrs.)

Present value? $ 0

b. Amount for loss of ability to earn money in the future? $ 15,000.00 per yr. For how many years? 37 (Yrs.)

Present value? $555,000.00

(Total) The trial judge had given a general instruction to the jury concerning its duty to reduce a present award of future damages to present value. No instruction was given requiring the jury to use any particular method to arrive at such present value. In the trial judge’s review of the verdict after trial, he became concerned that the jury did not make such a present value determination because the verdict indicated the present value figure of $555,000.00 was arrived at by simply multiplying the $15,-000.00 per annum loss of wages by the thirty-seven-year expected working life of appellant. The trial judge, therefore, concluded that the jury must have ignored or failed to follow the instructions regarding the necessary reduction to present value. In view of the testimony of appellant’s expert witness on how to arrive at a present value figure, such a conclusion is not warranted.

The only evidence presented as to economic damages and any method for reducing such future damages to present value was presented by appellant’s expert witness. That witness testified, in part, that a method of determining present value of compensation for future losses is the “real interest rate approach” which “takes inflation out of the wage factor and out of the interest rate factor” and, therefore, there is no difference in the figure which represents compensation for future losses and that figure reduced to its present value. The expert’s theory was that the inflation in expected future wages would be equally offset by increases in interest rate returns on money presently invested.

It is clear to us that the jury utilized this approach which appellant’s expert testified to and which was the only evidence in the record as to a method of calculating present value, to arrive at a present value figure. As a matter of fact, appellant’s expert's own figures as to present value exceeded the jury’s verdict as to that figure based upon the other findings made by the jury in its verdict. The method of calculating “present value,” testified to by appellant’s expert and apparently utilized by the jury in arriving at its verdict, is sometimes known as the “total-offset” method and was one of the methods approved in Delta Air Lines, Inc. v. Ageloff, 552 So. 2d 1089 (Fla.1989).

Since we conclude that the verdict was supported by competent substantial evidence, we reverse the order for new trial on the issue of damages and remand for reinstatement of the jury's verdict and the issuance of a final judgment for appellant.

Reversed and remanded.

FRANK and PATTERSON, JJ., concur.


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Citator

Cited By

  • Burgess v. Mid-Florida Serv., 609 So. 2d 637 (Fla. 4th DCA 1992)
    …n Delta Airlines Inc. v. Ageloff 552 So. 2d 1089 (Fla.1989), the supreme court recognized such a method of calculation by which future inflation is presumed to offset any future return on a present investment. See also Plazza v. Patio Concrete Inc., 567 So. 2d 908 (Fla. 2d DCA 1990), rev. denied, 577 So. 2d 1328 (Fla.1991). Appellees argue that this court in Howell v. Woods, 489 So. 2d 154 (Fla. 4th DCA 1986) determined that a jury’s mistake in computing future damages is fundamental error. There, the jury’s…
  • Aircraft Serv. Int'l, Inc. v. Jackson, 768 So. 2d 1094 (Fla. 3d DCA 1995)
    …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). [*1097] 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 los…
  • Waxman v. Truman, 792 So. 2d 657 (Fla. 4th DCA 2001)
    …Delta Air Lines Inc. v. Ageloff, 552 So. 2d 1089 (Fla.1989), the supreme court recognized such a method of calculation by which future inflation is presumed to offset any future return on a present investment. See also Piazza v. Patio Concrete Inc., 567 So. 2d 908 (Fla. 2d DCA 1990), rev. denied, 577 So. 2d 1328 (Fla.1991). Burgess v. Mid-Florida Serv., 609 So. 2d 637, 638 (Fla. 4th DCA 1992). In other words, the fact that a present value award for future economic damages is the same as the future value sum…

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