Campbell v. Griffith
| Decision Date | 04 January 2008 |
| Docket Number | No. 2D07-2493.,2D07-2493. |
| Citation | 971 So.2d 232 |
| Parties | Lucille T. CAMPBELL, Appellant, v. Darlene L. GRIFFITH, as Representative of the Estate of Stoner A. Griffith, Appellee. |
| Court | Florida District Court of Appeals |
Steven George Lavely of Lavely, Whyte & Fischer, P.A., Bradenton, for Appellant.
Daniel P. Mitchell of Barr, Murman & Tonelli, P.A., Tampa, for Appellee.
Lucille T. Campbell appeals from the final judgment entered on the jury's verdict in this personal injury action. We agree with Campbell that the jury's verdict on all issues other than future lost earning ability was against the manifest weight of the evidence; therefore, we reverse and remand for a new trial on the issue of damages other than future lost earning ability. This holding renders Campbell's other two issues moot.
On February 15, 2004, Campbell was driving in Bradenton when she was hit broadside on the passenger side of her vehicle by a vehicle driven by the defendant's decedent. Campbell immediately suffered pain in her left elbow. She was not treated at the scene, but she went to the emergency room later that day, where various diagnostic tests were performed. Ultimately, Campbell was given pain medication and a sling. She wore the sling for approximately two weeks before her elbow pain resolved.
Within several weeks of the accident, Campbell noticed that her left arm occasionally felt tingly, numb, and cold. These feelings were intermittent, and Campbell did not initially seek treatment for this problem or attribute it to the accident. However, on October 2, 2004, Campbell was rushed to the emergency room when her left arm became cold and hard. She was found to have a blood clot blocking the flow of blood to her left arm. After several diagnostic procedures, doctors determined that the clot was the result of an aneurysm in Campbell's subclavian artery near her left shoulder. Campbell underwent a surgical procedure to place a stent in the subclavian artery as a result. In August 2005, the stent failed, and Campbell required a second surgical procedure because of the aneurysm. Both Campbell's treating doctor and the defense's medical expert testified that Campbell would likely need future surgery on the subclavian artery as a result of the aneurysm.
At trial, both Campbell's treating doctor and the defense's medical expert, who had performed a compulsory medical examination on Campbell, testified that while subclavian aneurysms can result from various medical conditions, Campbell suffered from none of those conditions. Because of this, both doctors testified that Campbell's aneurysm was caused by the auto accident within a reasonable degree of medical probability.1 Both doctors also testified that the delay of seven months between the accident and the onset of severe symptoms was not unusual with a vascular injury of this nature. Both doctors further testified that the injury was permanent. Griffith did not significantly impeach the testimony of either of these medical witnesses, nor did Griffith present any contradictory medical evidence.
At the time of the accident and through the time of trial, Campbell was employed by WalMart. Campbell testified that while she had lost time from work due to the treatment for her aneurysm, she had used her sick time and thus had no claim for past lost wages. However, Campbell testified that after the accident, she was no longer able to work as a stocker and she had been moved to a different position with a concomitant reduction in pay. Because of this, Campbell sought damages for lost future earning ability. However, at trial, Campbell admitted that she had continued to work as a stocker from the time of the accident in February 2004 until November 2005, when she had suffered a stroke. Only after the stroke was her employment changed and her pay reduced.
After the close of the evidence, the trial court granted Campbell's motion for directed verdict on the issue of permanence. However, the trial court denied Campbell's motion on the issue of causation. Despite this ruling, however, the trial court instructed the jury as follows:
The parties have agreed and the Court now instructs you as a matter of law that at the time of the February 15, 2004, accident, Stoner A. Griffith was negligent and that such negligence was a legal cause of injury sustained by Plaintiff Lucille T. Campbell.
The issue for your determination on the claim of Lucille T. Campbell is what damages were suffered by Lucille T. Campbell as a result of the February 15th, 2004 accident.
Moreover, the verdict form did not ask the jurors to determine whether Griffith's negligence had caused Campbell's injuries. Instead, the verdict form simply asked the jurors to determine "the amount of any damages sustained by Plaintiff, LUCILLE T. CAMPBELL" for past medical expenses, the present value of any damages sustained for future medical expenses, the present value of any damages for future lost earning ability, and the amount of damages sustained for pain and suffering.
During closing arguments, defense counsel argued that the jury was free to accept or reject any expert testimony, and he argued that the jury could find that the delayed onset of the severe symptoms of the aneurysm meant that it was not caused by the accident. While not specifically argued, defense counsel did not dispute that, at a minimum, Campbell suffered an injury to her elbow in the accident and that she endured pain and inconvenience for approximately two weeks as a result of that injury. Campbell argued that all of her medical treatment, including that for her stroke, resulted from the auto accident.
After deliberations, the jury awarded Campbell approximately half of her past medical bills. It awarded nothing for future medical expenses, future lost earning ability, past pain and suffering, or future pain and suffering. Campbell subsequently moved for a new trial on various grounds, including that the verdict was legally inadequate and that it was against the manifest weight of the evidence. The trial court denied this motion and later entered a judgment on the jury's verdict. In this appeal, Campbell contends that the trial court abused its discretion when it denied her motion for new trial. We agree in part.
The standard of review of the trial court's denial of a motion for new trial was recently discussed in detail by the Fourth District.
The appropriate standard of review applied to a trial court's denial of a motion for a new trial is whether the trial court abused its discretion. See Brown v. Estate of Stuckey, 749 So.2d 490 (Fla.1999). Brown articulates the test for determining whether the trial judge committed an abuse of discretion and provides that:
[A]n appellate court must recognize the broad...
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