A jury award of zero damages may be awarded, even if medical expenses occur, if specific factors are found.
In an uninsured motorist action, the Fourth District Court reversed and remanded when the court found the trial court erred after denying the plaintiff’s motion for a new trial. The jury had returned a verdict for zero damages, even though the parties’ experts all testified that the plaintiff suffered from a neck sprain as a result of the accident. As such, the verdict was against the manifest weight of the evidence and inadequate and, thus, entitled the plaintiff to medical costs for reasonable diagnostic testing. The court stated that the rule generally allows a plaintiff to recover medical expenses for diagnostic testing which were reasonably necessary to determine whether the accident caused her injuries, regardless of whether the jury finds the accident to be the legal cause of the injury. Sparks Book v. Sports Authority, Inc., 699 So. 2d 767, 768 (Fla. 3d DCA 1997). However, an award of zero may be given, even if medical expenses occur, if the following factors are found: (1) pre-existing injuries; (2) videotapes that show actual physical capabilities; or (3) expert medical opinion, which conflict as to causation. State Department of Transportation v. Rosario, 782 So. 2d 927, 928 (Fla. 2d DCA 2011). However, no such evidence of one of these facts was found in this case. Additionally, the plaintiff alleged the trial court erred when it admitted evidence of a letter of protection between her and her treating physician when the physician testified as an expert witness. However, the Fourth Circuit held this letter was admissible because it was relevant to show potential bias. See § 90.608(2), Fla. Stat. (2009).
Case Law Alert, 1st Quarter 2014