Parker v. Wideman

• Decision Date: 11 September 1967
• Docket Number: No. 24140.,24140.
• Citation: 380 F.2d 433
• Parties: Raymond PARKER, Appellant, v. Loren WIDEMAN, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

380 F.2d 433 (1967)

Raymond PARKER, Appellant, v. Loren WIDEMAN, Appellee.

No. 24140.

United States Court of Appeals Fifth Circuit.

June 29, 1967.

Rehearing Denied September 11, 1967.

John K. Lewis, Kelner & Lewis, Miami, Fla., for appellant.

James A. Dixon, Jr., Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for appellee.

Before GEWIN and AINSWORTH, Circuit Judges, and LYNNE, District Judge.

GEWIN, Circuit Judge.

This case presents the question of whether a jury verdict finding the appellee liable to the appellant for injuries sustained by the appellant as a proximate result of the appellee's negligence but assessing damages at "none" dollars can stand in the face of uncontroverted evidence of substantial physical injury incurred in the automobile collision which gave rise to this suit. We hold that it can not and remand the case for a determination of damages.

The appellant, Raymond Parker, brought suit against the appellee, Loren Wideman, in the Florida state courts for personal injuries sustained as a result of the appellee's negligence. The suit was removed by the appellee to the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. § 1442 (1964). On this appeal the appellant Parker contends that the district court erred in denying his motion for a new trial submitted on the ground that the finding of no damage by the jury was against the manifest weight of the evidence.

At the time of the accident in question the appellee was a Deputy United States Marshal and was engaged in transporting federal prisoners. He was driving his own car in the execution of his official duties. The appellant was employed at the time as a traveling guard and was assisting the appellee in the performance of his duties. A headon collision with another vehicle in appellee's left traffic lane occurred when the appellee attempted to pass a vehicle traveling in the same direction on a two-lane highway. It had been raining intermittently and at the time of the collision there was a heavy downpour. As a result of the collision the appellant suffered substantial injuries to his head and right knee and sustained abrasions and contusions to various parts of his body. Evidence adduced at trial tended to establish that the appellant received dental injuries, contusions and lacerations about his face, head and body, a fracture of the right orbital bone, cerebral concussion, abrasions and contusions of both knees, and an internal derangement of the right knee. Medical expenses in excess of $500.00 were proved. No evidence was introduced by the appellee tending to disprove the fact of injury. The appellee instead attempted to minimize the extent of the appellant's injuries, and contended that many of his ailments were psychological.¹ He further argues that evidence adduced by the appellant demonstrated that he had been more than compensated for the injuries sustained. Herein lies the crux of the controversy on this appeal.

During the course of the trial the appellant introduced a letter from the United States Department of Labor detailing sums of money he had received under the provisions of the Federal Employees Compensation Act for the injuries involved in this suit. The monies received exceeded twenty-five hundred dollars, a sum substantially greater than the appellant's out-of-pocket expenses. The appellee contends that the jury could have concluded that although his negligence was the proximate cause of the appellant's injuries, the appellant was adequately compensated for the injuries sustained. In addition, the appellee argues that the jury was entitled to discredit the medical testimony and conclude that the appellant had suffered no compensable injuries as a result of his negligence.

The difficulty with the appellee's first approach is that Florida² recognizes the "collateral source rule" which permits an injured party to recover expenses against the tortfeasor incurred as a result of the tortfeasor's negligence even though the injured party is compensated for those expenses by a collateral source. See, e. g. Paradis v. Thomas, 150 So.2d 457 (Fla.App.2d 1963). The appellee seeks to avoid the effect of the rule by arguing that it only precludes the defendant from introducing evidence of compensation from a collateral source, and that by introducing the evidence himself, the appellant waived the rule. Thus, the appellee continues, the jury was entitled to mitigate the damages by the monies received from a collateral source, as would be the case in those states which do not recognize the "collateral source" rule. We can not agree.

The appellee's position would render the "collateral source" rule a mere rule of evidence which is waivable by the injured party. But the fact of the matter is that under Florida law the rule is a substantive rule of law which applies whether or not evidence of collateral compensation is introduced. See Finley P. Smith, Inc. v. Schectman, 132 So.2d 460 (Fla.App.2d 1961); Annot., 68 A.L.R.2d 876 (1959); Restatement of Torts, § 920, comment e, at 620. Thus, while the tender of such evidence by the defendant may be excluded on objection by the plaintiff, the introduction of such evidence by the plaintiff does not bar him from recovering expenses necessitated by the tort-feasor's negligence, even though the expenses were met by monies received from a collateral source. See Burke v. Byrd, 188 F.Supp. 384 (N.D.Fla.1960). Under Florida law an injured party is entitled to be compensated for the expenses incurred and the damages inflicted as a result of the negligence of a tortfeasor irrespective of whether he receives compensation from another source as a gratuitous benefit. Paradis v. Thomas, supra. Therefore, we conclude that the compensation received by the appellant under the Federal Employees Compensation Act does not mitigate the damages which the appellee is obligated to pay for injuries sustained by the appellant as the result of his negligence. To the extent that the verdict represents the jury's conclusion that the appellant had been adequately compensated by a collateral source, it is the result of an improper consideration by the jury and can not stand.

The appellee also argues that the issue of damages was a factual determination for the jury and it was entitled to disregard the medical testimony adduced by the appellant in assessing damages. In support of his contention he refers us to several Florida decisions which upheld jury verdicts which awarded no damages. We find the cases factually distinguishable and inapposite. Although it is undoubtedly true that the plaintiff must establish to the satisfaction of the jury the elements of his cause of action, including the extent to which he was damaged, and while the jury is the final arbiter of any factual controversy, a jury must base its verdict upon the evidence adduced at trial. Where, as in the instant case, there was uncontroverted and unimpeached testimony that the appellant sustained substantial injuries as a result of the accident, and no evidence was adduced which would support the jury's finding that the appellant sustained no damages, the verdict can not stand. See, e. g., Radiant Oil Co. v. Herring, 146 Fla. 154, 200 So. 376 (1941).

The cases relied on by the appellee do not dictate a different conclusion. In Morin v. Halpern, 139 So.2d 495 (Fla.App.2d 1962) a verdict of no damages was sustained on the basis of conflicting evidence introduced at trial as to whether the plaintiff's injury was proximately caused by the defendant's negligence. A similar situation existed in White v. Acker, 155 So.2d 176 (Fla. App. 1st 1963).³ In Shaw v. Puleo, ...