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Western Waste Indus. v. K. Merriam

District Court of Appeal of Florida, Fifth District
Oct 1, 1993
623 So. 2d 1252 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2992.

October 1, 1993.

Appeal from the Circuit Court for Orange County; Williams C. Gridley, Judge.

Lamar D. Oxford and F. Scott Pendley, Dean, Ringers, Morgan Lawton, Orlando, for appellant.

Stewart Cohen, Stewart Cohen, P.A., Orlando, for appellee.


The appellant, Western Waste Industries of Florida, challenges the award to the tort plaintiff below, Christine Merriam, of $74,000.00 for future medical expenses and lost earning ability. The balance of the judgment below, based upon admitted liability and a jury verdict for damages, is not contested on appeal.

Western Waste urges that the trial judge erred in allowing the plaintiff's claims for these two items to go to the jury. Based upon the record, we agree that there was insufficient evidence to submit the issue of lost earning ability to the jury, and a directed verdict should have been granted on that issue. There was, however, some competent evidence adduced as to future medical expenses, albeit the aggregate amount thereof appears to fall far short of $74,000.00.

Accordingly, we reverse the award of $74,000.00 and remand for a new trial on the issue of future medical expenses.

REVERSED AND REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.


Summaries of

Western Waste Indus. v. K. Merriam

District Court of Appeal of Florida, Fifth District
Oct 1, 1993
623 So. 2d 1252 (Fla. Dist. Ct. App. 1993)
Case details for

Western Waste Indus. v. K. Merriam

Case Details

Full title:WESTERN WASTE INDUSTRIES, INC. OF FLORIDA, APPELLANT, v. CHRISTINE K…

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 1, 1993

Citations

623 So. 2d 1252 (Fla. Dist. Ct. App. 1993)