MARIA BENEJAM GONZALEZ, APPELLANT,
v.
AMY MELINDA PRICE, APPELLEE
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HARRIS, J.
Of the several issues on appeal in this personal injury action, we find that only one merits discussion. Price was injured when her vehicle was struck by one being driven by Gonzalez. We affirm Price’s awards for past medical expenses, past pain and suffering and future pain and suffering. We reverse the award for lost earning ability.
In this case, Price, a professional singer and dancer, continues to perform but claims that her condition since the accident diminishes her chance to become a star on Broadway or in the movies. There is no evidence in the record, even assuming the extraordinarily speculative prospect of “making it on Broadway”, on the amount of damages attributable to the accident. Although Price testified that she could earn at least twice as much if she made it on Broadway, there was no testimony as to what she was making at her job at the time of trial: singing and dancing with the Louise Mandrel show. We therefore affirm the judgment except for that portion relating to lost earning ability.
AFFIRMED in part; REVERSED in part and REMANDED to strike the award for lost earning ability from the judgment.
THOMPSON, C.J.; and SAWAYA, J., concur.
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Chaudhry v. Adventist Health Sys. Sunbelt, Inc., 305 So. 3d 809 (Fla. 5th DCA 2020)…t previously unachieved levels of performance and earnings may have been possible for the plaintiff but for the defendant’s action, is no substitute for competent substantial evidence, when it is a mere, unproven possibility. See Gonzalez v. Price, 783 So. 2d 301, 301 (Fla. 5th DCA 2001) (finding “no evidence in the record” to support argument by plaintiff, a singer and dancer that continued to perform after her accident, that her accident “diminishe[d] her chance to become a star on 14 Broadway or in the mo…
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Safeco Ins. Co. OF Ill. v. Fridman, 196 So. 3d 1284 (Fla. 5th DCA 2016)…be expected from such a business, other than his unsubstantiated speculation that he could make a $100,000 to $200,000 in “a good year.” This type of speculative testimony is insufficient to support an award of damages. See, e.g., Gonzalez v. Price, 783 So. 2d 301 (Fla. 5th DCA 2001) (finding the speculative testimony of professional singer and dancer injured in automobile accident that she could earn at least twice as much money on Broadway as she was making at her job at the time of trial was insufficient t…