Grossman v. Sea Air Towers, Ltd.

• Court: Florida District Court of Appeals
• Writing for the Court: FERGUSON
• Citation: Grossman v. Sea Air Towers, Ltd., 513 So.2d 686, 12 Fla. L. Weekly 2116 (Fla. App. 1987)
• Decision Date: 01 September 1987
• Docket Number: Nos. 84-1649,84-1650 and 84-1901,s. 84-1649
• Parties: 12 Fla. L. Weekly 2116 Melvin GROSSMAN and Bliss & Nyitray, Inc., appellants, v. SEA AIR TOWERS, LIMITED, appellee.

Page 686

513 So.2d 686

12 Fla. L. Weekly 2116

Melvin GROSSMAN and Bliss & Nyitray, Inc., appellants, v. SEA AIR TOWERS, LIMITED, appellee.

Nos. 84-1649, 84-1650 and 84-1901.

District Court of Appeal of Florida Third District.

Sept. 1, 1987.

Rehearing Denied Oct. 26, 1987.

Carey, Dwyer, Cole, Eckhart, Mason & Spring, Miami, and Mitchell Katler, for appellant Bliss & Nyitray, Inc.

Peters, Pickle, Flynn, Niemoeller & Downs and Steven R. Berger, Miami, for appellant Melvin Grossman.

Steel, Hector & Davis and Patricia A. Seitz, Miami, for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.

REVISED OPINION

FERGUSON, Judge.

Defendants, Melvin Grossman, an architect, and Bliss & Nyitray, Inc. (Bliss), structural engineers, appeal from a judgment entered on a jury verdict in favor of plaintiff, Sea Air Towers, Limited (Sea Air), finding the defendants liable for damages caused by a construction "underdesign." Bliss also appeals from an adverse judgment of the court entered on Grossman's cross-claim for indemnity.

Sea Air hired Grossman to design a 357-unit luxury high-rise rental apartment building, to be located in Hollywood, Florida. Grossman hired Bliss to prepare the structural plans and specifications. It is undisputed that a deck of the building, open to heavy service vehicles, was underdesigned to support the traffic load and that as a result the deck eventually collapsed. The first issue at trial was whether the statute of limitations barred Sea Air's cause of action. The issue on the merits, assuming that the action was not time-barred, was who, as between the two defendants, should pay.

The evidence at trial showed that Grossman gave Bliss architectural specifications for the building, which called for a deck to serve as a bridge between the building's entrance and upper level service facilities. The design contemplated that uncompacted garbage would be transported to the outside of the building for street pickup by the city's waste department. The architectural design showed an extremely restricted traffic pattern which would prevent large heavy vehicles from entering and maneuvering on the deck. Bliss completed the structural plans in May, 1969.

In April, 1970, the deck was under construction when the concrete was poured and reinforcing bars were installed. Approximately two months later, and over a year after the structural plans had been completed, Sea Air retained a private garbage collection company. The new service required that 60,000-pound trucks use the deck to Sea Air's service facilities to pick up compacted trash ¹ and garbage. Sea Air instructed Grossman to redesign the deck and entranceway to give larger trucks unrestricted access. Testimony was presented that Grossman sent Bliss revised drawings of the entrance changes which called for unrestricted vehicular traffic and that accordingly Bliss made structural revisions for changes to the boiler room and loading area.

In September, 1970, Sea Air received its certificate of occupancy. Very soon thereafter there were cracks in the deck, leakage into the garage area below, and vibrations from the loading ramp area. Bliss made on-site inspections following complaints from Sea Air and concluded: "there is no condition here related to structural adequacy and no evidence of deflection as a result of overloading." The complained of conditions continued over a period of years.

The concrete deck finally collapsed on July 5, 1981. As a result there were interruptions and changes in Sea Air's building operations, particularly garbage disposal, parking, and deliveries. Construction repair work caused noise and dust which Sea Air claimed caused tenants to leave the building, resulting in business losses.

After a six-day trial, the jury returned a verdict in favor of Sea Air in the amount of $540,000 and assessed eighty percent of the fault against Bliss and twenty percent of the liability against Grossman.

Both defendants contend that the jury verdict on the liability question was not supported by the evidence; that the award of damages, based on lost income rather than net loss profits was erroneous; and that the cost to repair the collapsed deck and to increase its load capacity was an incorrect measure of damages. Bliss contends that the court's finding and judgment against it on Grossman's cross-claim for indemnity was contrary to law.

We first address those findings made by the jury which must be affirmed. The factual determination on the statute of limitations question, that Sea Air did not have notice of a latent defect in the underdesigned traffic deck prior to its collapse, is supported by the evidence. See Board of Trustees v. Caudill Rowlett Scott, Inc., 461 So.2d 239 (Fla. 1st DCA 1984), rev. denied, 472 So.2d 1180 & 1182 (Fla.1985); Perez v. Universal Eng'g Corp., 413 So.2d 75 (Fla. 3d DCA 1982), remanded, 451 So.2d 463 (Fla.1984). There is also evidence in the record to support the jury's determination that both Grossman and Bliss were liable for Sea Air's loss. A jury verdict which finds support in the record will not be disturbed on review. Helman v. Seaboard Coast Line R.R., 349 So.2d 1187 (Fla.1977); Underwriters Nat'l Assurance Co. v. Harrison, 338 So.2d 58 (Fla. 3d DCA 1976).

On the first of two damage issues we affirm the judgment as to lost rents. Contrary to the appellants' contentions that the $299,543.33 lost rents award is based on gross rentals alone or speculation, there is evidence in the record, reasonably certain in nature, that the losses were substantial and that the jury deducted operating costs in arriving at the amount. F.A....