Hubbs v. McDonald, BS-368

Decision Date15 December 1987
Docket NumberNo. BS-368,BS-368
Citation517 So.2d 68,12 Fla. L. Weekly 2866
Parties12 Fla. L. Weekly 2866 Jeanne HUBBS and John Hubbs, Appellants, v. Laura McDONALD and Joe McDonald, Appellees.
CourtFlorida District Court of Appeals

Donald G. Nichols of Nichols & Nichols, Jacksonville, for appellants.

Robert C. Gobelman and Jack W. Shaw, Jr. of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellees.

PER CURIAM.

Jeanne Hubbs and John Hubbs appeal an order denying their motion for new trial or additur, following a jury award to Jeanne Hubbs for personal injuries arising out of an automobile accident. Two issues are presented for our review: (1) the trial court's refusal to instruct the jury on Jeanne Hubbs' loss of future earning capacity, and (2) the trial court's failure to grant a new trial on John Hubbs' derivative claim. We affirm in part, and reverse in part.

A jury instruction on diminished capacity to earn in the future is warranted when the record demonstrates the existence of "reasonably certain evidence that the capacity to labor has been diminished and that there is a monetary standard against which the jury can measure any future loss." Long v. Publix Super Markets, Inc., 458 So.2d 393, 394 (Fla. 1st DCA 1984). See also Allstate Insurance Company v. Shilling, 374 So.2d 611 (Fla. 4th DCA 1979). The record before this court includes evidence that, as a result of the injury received in the automobile accident which gave rise to this appeal, Jeanne Hubbs has sustained a diminished future earning capacity as contemplated by this court in Long v. Publix Super Markets, Inc. The medical evidence indicates that Jeanne Hubbs' injuries impaired her ability to lift, bend, and stoop on a repetitive basis. In addition, this record contains evidence that at the time Jeanne Hubbs terminated her employment with Hardee's she was earning $4.25 an hour, while her current earnings as a cashier are $3.50 an hour. The record also reflects, as it did in Allstate, that as a result of her injuries Mrs. Hubbs was forced to modify her work habits. The manager of Hardee's, where she was employed, testified that after the accident, he and the other employees performed many of the duties, such as lifting, that were difficult for Mrs. Hubbs. Although the evidence is disputed by appellees, the manager also testified that Mrs. Hubbs continued to have problems at work.

The trial court's denial of the requested instruction on loss of future...

To continue reading

Request your trial
7 cases
  • Hunter v. US
    • United States
    • U.S. District Court — Middle District of Florida
    • March 15, 1990
    ...earnings, because it does not find his non-permanent injuries to have diminished his capacity to labor. See Hubbs v. McDonald, 517 So.2d 68, 69-70 (Fla.Dist.Ct.App.1987) (per curiam); Allstate Ins. Co. v. Shilling, 374 So.2d 611, 612-13 (Fla.Dist.Ct.App.1979) (per curiam). The court does no......
  • Volusia Cnty. v. Joynt
    • United States
    • Florida District Court of Appeals
    • November 13, 2015
    ...Perez–Gervert, 41 So.3d 286, 289 (Fla. 2d DCA 2010) ; Truelove v. Blount, 954 So.2d 1284, 1288 (Fla. 2d DCA 2007) ; Hubbs v. McDonald, 517 So.2d 68, 69 (Fla. 1st DCA 1987) ("A jury instruction on diminished capacity to earn in the future is warranted when the record demonstrates the existen......
  • Fazzolari v. City of West Palm Beach
    • United States
    • Florida District Court of Appeals
    • November 18, 1992
    ...that there was a permanent injury. Josephson v. Bowers, 595 So.2d 1045 (Fla. 4th DCA 1992). Unlike the case of Hubbs v. McDonald, 517 So.2d 68 (Fla. 1st DCA 1987), the trial court here did instruct the jury on awarding future damages if they found a permanent injury. Apparently, the jury di......
  • Spose v. Ragu Foods, Inc.
    • United States
    • New York Supreme Court
    • January 9, 1989
    ...a plaintiff's undisputed decision not to continue working did not affect her award for diminished earning capacity. Hubbs v. McDonald, 517 So.2d 68 (Fla.App. 1 Dist.1987) (Rehearing denied January 22, 1988). Another Florida court held that a plaintiff could recover for loss of earning capac......
  • Request a trial to view additional results
1 books & journal articles
  • Motor vehicle accident and other personal injury cases
    • United States
    • James Publishing Practical Law Books Florida Small-Firm Practice Tools - Volume 1-2 Volume 1
    • April 1, 2023
    ...on proof that the plaintiff’s capacity to engage in labor has been diminished as the result of the accident. [ Hubbs v. McDonald , 517 So. 2d 68 (Fla. 1st DCA 1987).] Evidence of life expectancy is not required to recover lost future earnings. The jury may reach its own conclusion as to lif......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT