Holland v. Hall, D-177

• Decision Date: 25 September 1962
• Docket Number: No. D-177,D-177
• Citation: 145 So.2d 552
• Parties: Walter HOLLAND, Appellant, v. Floyd Edward HALL, Appellee.
• Court: Florida District Court of Appeals

Page 552

145 So.2d 552

Walter HOLLAND, Appellant, v. Floyd Edward HALL, Appellee.

No. D-177.

District Court of Appeal of Florida, First District.

Sept. 25, 1962.

W. Robert Smith and Chappell, Dunn, Miller & Monrose, Ocala, for appellant.

Sturgis & Patillo, Ocala, for appellee.

WIGGINTON, Judge.

This appeal is from a final judgment entered upon a jury verdict awarding damages to appellant for the wrongful death of his wife resulting from negligence of the defendant in the operation of a motor vehicle. Appellant seeks reversal on two stated grounds, each of which we will discuss separately.

It is first contended that the damages awarded by the jury are so grossly inadequate as to affirmatively establish that the jury was either confused as to the law governing the proper discharge of its duty, or it ignored the evidence in arriving at the amount of damages to which appellant was legally entitled.

Appellant and his deceased wife were the parents of a five year old girl. It is undisputed that the deceased was a competent, attentive and loving mother who provided for her child all of the care and attention necessary to accommodate its needs. The parties had lived in Florida, but subsequently moved to the area of Washington, D. C., where appellant, who was a horse trainer and riding instructor, could secure employment. Some nineteen months prior to the wife's death she returned to Ocala, Florida, where she resided with her mother, the appellant remaining in the Washington area in order to retain gainful employment. Some six months after returning to Florida the mother found it necessary to secure employment in order to provide a financial supplement to the family income, and in addition to provide financial support for three children of a former marriage. The decedent had been employed for a period of some eighteen months prior to her death. While working she was able to be with her child principally during the morning hours before leaving for work. Upon returning home at night she slept in the same room with the child and gave it every attention which it required. She made the child's clothes, supervised and directed its religious and moral training and its general welfare. Decedent's mother with whom she resided took care of and looked after the needs of the child while the mother was forced to be away from home in connection with her employment. The evidence reveals that the decedent was in good health and thirty-six years of age at the time of her death.

At the trial it was announced that appellant was claiming damages only for the reasonable value of the funeral expenses incurred by him as a result of his wife's death, together with such amount as would compensate him for the loss of his wife's services which he could have reasonably expected to receive in connection with the care of their minor child. The uncontradicted proof of the amount now required to employ help to care for the child during the time appellant is away from home in the course of his employment amounted to a minimum in excess of $13,000. The agreed amount of the funeral expenses was $988.95. The jury awarded the total sum of $1,088.95, or $100.00 in excess of the admitted funeral expenses. This is the amount which the jury concluded would reasonably compensate appellant for the loss of his wife's services.

Appellee does not question the amount established by appellant as necessary to employ such help as will be required to care for his child. It is argued, however, that upon the evidence above detailed the jury could have reasonably found that immediately prior to her death the mother was rendering no services of value in connection with the care of her child. From this premise it is argued that the jury could have inferred that appellant could not have reasonably expected to receive in the future services from his wife regarding the care of his child any different in kind than that which he had received during the months of her employment preceding her death. On each of these premises appellee argues that the verdict of the jury finds support in the evidence and should be sustained.

The proof is undisputed that during the entire period of the child's life the mother rendered every service necessary for its care and well-being. It is true that during the period of her necessary employment some of the menial services previously rendered by her were being gratuitously provided by her mother. Despite this, the proof establishes that the child was being well cared for and her every reasonable need being met....