OMELIO RODRIGUEZ, APPELLANT,
v.
WILFREDO HUGUET AND THE TRAVELERS INSURANCE COMPANY, A FOREIGN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN FLORIDA, APPELLEES
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Rodriguez appealed a $1,500 jury verdict in a negligence action arising from an automobile accident, claiming the verdict was inadequate and that the jury was improperly influenced. The appellate court affirmed, holding that the trial court properly instructed the jury on the statutory threshold requirements under Florida's no-fault insurance act and that the jury's verdict was within its province to determine.
The trial court did not err in instructing the jury on the no-fault threshold requirements despite conflicting evidence on permanent injury, and any error regarding the medical expense requirement was harmless. The jury's verdict of $1,500, which exceeded the maximum possible special damages, was within the jury's province and not influenced by improper factors.
[1] A trial court does not err in instructing a jury on jurisdictional requirements when there is conflicting evidence regarding permanent injuries.
[2] An erroneous jury instruction regarding medical expenses is harmless error if the jury's verdict indicates it found the plaintiff to have sustained a permanent injury.
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“In our opinion, the trial court, having before it the conflicting evidence as to permanent injuries, did not err in instructing the jury on the jurisdictional requirements of this suit against a tort feasor under the "no fault" insurance act.”
Establishes that instructing juries on no-fault threshold requirements is proper when conflicting evidence exists regarding permanent injury.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRodriguez was injured in an automobile accident involving defendant Huguet. Rodriguez alleged permanent injuries and medical expenses exceeding $1,000…
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PER CURIAM.
Plaintiff, Omelio Rodriguez, obtained a judgment against defendants, Wilfredo Huguet and The Travelers Insurance Company, for $1,500.00 in an action arising from an automobile accident.
Plaintiff brings this appeal claiming that the verdict was inadequate. He cites as error that the jury was influenced by passion, sympathy, bias and prejudice or a misunderstanding of the law as instructed by the court.
Plaintiff’s complaint alleged that the defendant was negligent and that plaintiff met the “no fault” threshold requirements to bring suit against the defendant tort feasor, the plaintiff having sustained permanent injuries and medical expenses in excess of $1,000. Defendant denied all allegations of the plaintiff’s complaint except that the accident happened. The trial court directed a verdict on liability. At trial, the medical expenses were less than $1,000 and the evidence was contradictory as to any permanent injury. The trial judge instructed the jury on the necessity that the plaintiff meet both threshold requirements alleged in the complaint. Plaintiff presented evidence that, at maximum, the automobile damage was $425, medical expenses were $873 and that there was some degree of permanency.
Plaintiff contends that the trial judge should not have so instructed the jury. In our opinion, the trial court, having before it the conflicting evidence as to permanent injuries, did not err in instructing the jury on the jurisdictional requirements of this suit against a tort feasor under the “no fault” insurance act.1 Wooten v. Collins, Fla.App.1976, 327 So. 2d 795. The fact that the court included in its instruction “medical expenses in excess of $1,000” was harmless error as the jury did by its verdict find the plaintiff to have been permanently injured. It does not ap pear from the record that the alleged inadequate jury verdict was influenced by passion, sympathy, bias or misunderstanding. The jury verdict clearly exceeded the maximum possible special damages. The amount of damages awarded a plaintiff in a negligence action is peculiarly within the province of the jury, especially when it has been approved by the trial judge. Klefeker v. Ellington, Fla.App.1974, 304 So. 2d 545.
Affirmed.
. The Florida Automobile Reparations Reform Act, §§ 627.730-627.741, Fla.Stat.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Madison v. Midland Nat'l Life Ins. Co., 648 So. 2d 1226 (Fla. 4th DCA 1995)…le medical expenses covered by the policy. Accordingly, the error, if any, in directing a verdict in count six of the complaint was entirely harmless. See Sudderth v. Ebasco Servs., Inc., 510 So. 2d 320, 321 (Fla. 4th DCA 1987); Rodriguez v. Huguet, 332 So. 2d 144, 145 (Fla. 3d DCA 1976); Brevard County v. Apel, 246 So. 2d 134, 135-36 (Fla. 4th DCA 1971). Finally, we conclude that the trial court did not commit error in its award of taxable costs to the plaintiff insured for travel expenses incurred by plain…
Authorities Cited
- Wooten v. Collins, 327 So. 2d 795 (Fla. 3d DCA 1976)
- Klefeker v. Ellington, 304 So. 2d 545 (Fla. 3d DCA 1974)
- Fla. Cent. Credit Union v. Mass. Mut. Life Ins. Co., 304 So. 2d 545 (Fla. 3d DCA 1974)