Alonso v. Fernandez

379 So. 2d 685
CourtDistrict Court of Appeal of Florida
DecidedFebruary 5, 1980
Docket78-1506, 78-1671, 78-2061, 79-87, 78-2081 and 79-60
StatusPublished
Cited by12 cases

This text of 379 So. 2d 685 (Alonso v. Fernandez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alonso v. Fernandez, 379 So. 2d 685 (Fla. Ct. App. 1980).

Opinion

379 So.2d 685 (1980)

Reinaldo Manuel ALONSO and Industrial Fire & Casualty Insurance Company, Appellants,
v.
Jose Elpidio Rodriguez FERNANDEZ, Mirtha Rodriguez, Appellees.
Jose Elpidio Rodriguez FERNANDEZ and Mirtha Rodriguez, Appellants,
v.
Reinaldo Manuel ALONSO and Industrial Fire & Casualty Insurance Company, Appellees.

Nos. 78-1506, 78-1671, 78-2061, 79-87, 78-2081 and 79-60.

District Court of Appeal of Florida, Third District.

February 5, 1980.

*686 Goodhart & Rosner, Miami, Broad & Cassel and Patricia Lebow, Bay Harbor Islands, for Alonso and Industrial Fire.

Stabinski, Funt, Levine & Vega and Regina Zelonker, Miami, for Fernandez and Rodriguez.

Before PEARSON, HUBBART and SCHWARTZ, JJ.

HUBBART, Judge.

This is a negligence action arising from a motor vehicle accident in which damages were sought for personal injuries and harm to personal property. The jury at the trial returned a verdict for the plaintiffs finding certain compensable property damages and PIP benefits, but denied any recovery for any other personal injuries based on a failure to meet the no-fault threshold. The defendants appeal and the plaintiffs cross-appeal.

The central issues presented for review center around the measure of damages in a negligence action for harm to personal property not amounting to a total destruction. For reasons which follow, we reverse and remand for a new trial on the main appeal. We further note that the plaintiffs have abandoned their cross-appeal upon oral argument in this cause, and, accordingly, we affirm on the cross-appeal.

I

The facts of this case are as follows. The plaintiff Jose Fernandez and his wife brought a negligence action arising out of a motor vehicle accident against the defendant Reinaldo Alonso and his insurer Industrial Fire and Casualty Company. The complaint sought damages for personal injuries and physical harm to the plaintiff's truck not amounting to a total destruction. The defendants by their answer filed a general denial. At trial, however, the defendants admitted responsibility for the accident, but denied that the plaintiffs had suffered any compensable damages. The cause was, accordingly, tried by the jury on the issue of damages only.

It was established at trial that on January 10, 1977, the plaintiff Fernandez was driving a lunch truck which he owned in his business. Present in the lunch truck as passengers were his wife and a female employee. The defendant Alonso was driving an automobile on the same day insured by the defendant Industrial Fire when he negligently struck the front of the plaintiff's lunch truck causing personal injuries to the plaintiffs and property damage to the lunch truck.

The evidence as to the extent of property damage to the lunch truck was as follows. The police officer investigating the accident testified that there was heavy damage to the front of the lunch truck at the scene of *687 the accident. Photographs depicting this damage were introduced in evidence. The plaintiff Fernandez testified that his lunch truck required repair which cost him $2,342, that he rented a replacement lunch truck during the period of repairs at a cost of $210, and that the storage charges on the lunch truck while it was being repaired cost him $600. No evidence was ever presented as to the market value of the lunch truck before the accident, after the accident or after the repairs.

At the close of all the evidence at trial, the defendants moved for a directed verdict on the property damage claim on the ground that the plaintiff had failed to establish any evidence of compensable property damage in this case. The trial court denied the motion. Over the objection of the defendants, the trial court gave the following instruction to the jury [Fla.Stand. Jury Instr. (Civ.) 6.2(h)] on the measure of property damages in this cause:

"And, further, on the claim only of Mr. Fernandez-Rodriguez any damage to his vehicle. The measure of such damage is the difference between the value of the property immediately before the incident complained of and the value immediately thereafter. You shall also take into consideration any loss he sustained by being deprived of the use of his vehicle during the period required for its repair."

The jury was also instructed on the no-fault personal injury threshold on the personal injury claims. The jury returned a verdict for the plaintiffs of $376.83 and $767.50 in PIP benefits, $2,180 on the property damage claim and no damages on the personal injury claims. A final judgment and an amended final judgment together with a judgment for costs were entered on this verdict. This appeal follows.

II

The first issue presented for review is whether a directed verdict should have been given to the defendants at trial on the property damage claim. It is urged by the defendants that a directed verdict in their favor was required on this claim for failure of the plaintiff to present any evidence on the market value of the lunch truck before and after the accident or before the accident and after repairs. We cannot agree.

A

The law is clear that "`[w]here a person is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for (a) the difference between the value of the chattel before the harm and the value after the harm, or, at the plaintiff's election, the reasonable cost of repair or restoration where feasible, with due allowance for any difference between the original value and the value after repairs, and "(b) the loss of use."'" Airtech Service, Inc. v. MacDonald Construction Co., 150 So.2d 465, 466 (Fla.3d DCA 1963); see also McMinis v. Phillips, 351 So.2d 1141 (Fla. 1st DCA 1977). This rule is applicable in a tort action involving a damaged motor vehicle so as to include, as a separate claim, loss of use damages amounting to the reasonable rental value of a substitute vehicle during the time the plaintiff's vehicle is being repaired; this result is not changed by the fact that the vehicle is a pleasure automobile and no replacement vehicle is actually obtained during the period of repairs. Meakin v. Dreier, 209 So.2d 252 (Fla.2d DCA 1968).

B

In the instant case, the defendants were not entitled to a directed verdict of no damages on the plaintiff's property damage claim. It is true, as urged by the defendants, that the plaintiff proved no compensable damages as to a market value or repair expense loss on the damaged lunch truck. Contrary to established law, no evidence was ever presented as to the market value of the lunch truck before and after the accident or before the accident and after the repairs. Ordinarily, this failure of proof would entitle the defendants to a directed verdict on the entire property damage claim. Travelers Indemnity Co. v. Skyway Marine, Inc., 251 So.2d 327 (Fla.3d *688 DCA 1971).[1] The plaintiff did, however, prove up loss of use damages in the amount of $210 which was the actual expense of a replacement vehicle obtained by the plaintiff during the time his lunch truck was being repaired. As such, a directed verdict on the entire property damage claim did not lie because the plaintiff was entitled to go to the jury on the loss of use damages alone.

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Bluebook (online)
379 So. 2d 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alonso-v-fernandez-fladistctapp-1980.