ARWOOD HOLLINS, APPELLANT,
v.
MASCOE PERRY, III, ET AL., APPELLEES

Fla. 5th DCA | 1991-07-18
No. 90-2115
COBB, J., concurs., DIAMANTIS, J., concurs specially with opinion.
582 So. 2d 786 Florida District Court of Appeal, Fifth District (1991) Positive Treatment
Cited by 6 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a judgment in a personal injury case. We affirm the judgment in all respects except that portion regarding the Orlando Regional Medical Center (ORMC) bill. It was uncontroverted that appellee was obligated to ORMC in the amount of $35,000 and the judgment was for an amount in excess of that. The judgment is affirmed in all respects except the excessive award regarding the ORMC bill. That portion of the judgment is reversed and this cause remanded for entry of a proper judgment reducing the award of ORMC’s medical expenses to $35,000.

AFFIRMED; REVERSED and REMANDED.

COBB, J., concurs.

DIAMANTIS, J., concurs specially with opinion.

Concurrence
DIAMANTIS, Judge,

DIAMANTIS, Judge,

concurring specially.

I concur in the majority opinion. I would add a few words concerning the issue of the Orlando Regional Medical Center (ORMC) bill. ORMC reduced its bill to the plaintiff to $35,000 and agreed that $35,000 would constitute full payment for plaintiffs past hospitalization expenses. Florida has followed the rule that damages awarded to a plaintiff should be equal to and precisely commensurate with the loss sustained. Hanna v. Martin, 49 So. 2d 585, 587 (Fla.1950); The Wackenhut Corporation v. Lippert, 16 F.L.W. D1559, D1661 (Fla. 4th DCA June 12, 1991). Appellee’s loss for past hospitalization expenses was the sum of $35,000 and not the original greater sum. Consequently, appellee was only entitled to recover $35,000 as actual damages for past hospitalization expenses. Id.

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    …Instead, the common-law rule of Hanna should apply. Here, Hanna would limit Goble’s recovery for medical expenses to the amount of medical expenses that he actually was obligated to pay. WELLS and CANTERO, JJ., concur. . See also Hollins v. Perry, 582 So. 2d 786, 786-87 (Fla. 5th DCA 1991) (Diamantis, J., concurring specially) ("Florida has followed the rule that damages awarded to a plaintiff should be equal to and precisely commensurate with the loss sustained. Appellee's loss for past hospitalization exp…
  • Aircraft Serv. Int'l, Inc. v. Jackson, 768 So. 2d 1094 (Fla. 3d DCA 1995)
    …0.00, 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 ju…
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