Steiner and Munach, P. A. v. Williams

• Decision Date: 23 March 1976
• Docket Number: No. 75--688,75--688
• Parties: STEINER AND MUNACH, P.A., Appellant, v. Willie F. WILLIAMS et al., Appellees.
• Court: Florida District Court of Appeals

Page 39

334 So.2d 39

STEINER AND MUNACH, P.A., Appellant, v. Willie F. WILLIAMS et al., Appellees.

No. 75--688.

District Court of Appeal of Florida, Third District.

March 23, 1976.

Rehearing Denied July 6, 1976.

Richard A. Kanner, Miami, for appellant.

Orr, Nathan & Williams, MiamiFor appellees.

Before HAVERFIELD and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

Defendant seeks review of two final judgments entered in favor of Willie F. Williams, the first for $12,000 in her capacity as personal representative of Willie E. Williams, her deceased husband, and second for $3,000 individually following a jury trial in this action to recover for the intentional infliction of mental and emotional distress.

Willie E. Williams was operated upon and the defendant, Steiner and Munach, a medical professional association practicing anesthesiology, administered the anesthesia for a fee of $272. At the time of the surgery he had medical coverage with two different insurance companies to which he submitted the defendant's statement for services rendered. One of the insurers made part payment and the other insurer was to pay the remainder. However, despite several phone calls and statements to the second insurer, no results were produced. Approximately nine months after the operation, defendant mailed the following unexecuted claim to Mr. Williams:

"FILE IN DUPLICATE PLU

"ONE COPY FOR EACH DEFENDANT

"IN THE COUNTY COURT, IN AND FOR DADE COUNTY, FLORIDA

                "Steiner & Munach, P.A.                    CASE NO. ___________________________
                -----------------------------------------
                "1150 N.W. 14th Street Suite 602           CIVIL DIVISION
                -----------------------------------------
                "Miami, Florida 33136
                -----------------------------------------
                            "Plaintiff(s)                  STATEMENT OF CLAIM
                "vs.                                         Address(es) of Defendant(s)
                "----------------------------------------  ------------------------------------
                " Mr. Willie E. Williams                   9115 N.W. Little River Dr
                -----------------------------------------  ------------------------------------
                "                                          Miami, Florida 33147
                -----------------------------------------  ------------------------------------
                

"Defendant(s)

"The Plaintiff sues the Defendant for: Money owed Plaintiff by Defendant; and

which is past due and unpaid; for (As checked (X) below):

"Goods, wares and merchandise sold by plaintiff to defendant;

"Work done and materials furnished by plaintiff to defendant;

"Money loaned by plaintiff to defendant;

"Money due to plaintiff upon accounts stated and agreed to between them;

"On a written instrument, copy of which is attached hereto;

"Rent for certain premises in Dade County, Florida, viz:

"XXX Other (Explain) ANESTHESIA DURING SURGERY AT CEDARS OF LEBANON HOSPITAL

10/22/73

"Any additional facts in connection with any of the above:

"(Use additional sheet if necessary)

"THIS IS A COPY OF THE CLAIM TO BE FILED AGAINST YOU IN COURT FOR NONPAYMENT OF

YOUR MEDICAL ACCOUNT UNLESS YOUR PAYMENT IS RECEIVED IMMEDIATELY.

"Wherefore Plaintiff demands judgment in the sum of $176.00, together with

court costs and any further costs which the Court may assess."

* * * * * * * * * * * *

At the time Mr. Williams received the claim, he was alone and upon his wife's return home, he exclaimed 'Oh, my God, I guess they're going to take our house.' Thereafter, he stopped eating and sleeping for some time. Mrs. Williams also was very upset and the next day took the form to her attorney who advised her it was not a lawsuit and to relax. Ten days later defendant was paid by the second insurance carrier. The Williams, alleging that they both suffered severe mental and emotional distress as a result of receiving the above form, filed suit against the defendant and sought both compensatory and punitive damages. While the suit was pending, Mr. Williams died and Mrs. Williams was permitted to proceed on her deceased husband's behalf. After the conclusion of the trial, the jury awarded Mrs. Williams on behalf of her husband $2,000 in compensatory damages and $10,000 in punitive damages, and on behalf of herself $1,000 in compensatory and $2,000 in punitive damages. Defendant perfected this appeal from the final judgments entered in accordance with these verdicts.

Defendant primarily contends that its actions do not constitute a claim for emotional distress. We find this contention has merit.

The law in Florida still remains that there is no recovery for emotional or mental injuries unless there has been a...