Burger King Corp. v. Lastre-Torres

District Court of Appeal of Florida

Burger King Corp. v. Lastre-Torres

202 So. 3d 872, 2016 Fla. App. LEXIS 13407

CourtDistrict Court of Appeal of Florida

DecidedSeptember 7, 2016

Docket15-1523 & 15-2104 & 15-1007

StatusPublished

Cited by1 cases

This text of 202 So. 3d 872 (Burger King Corp. v. Lastre-Torres) 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.

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Burger King Corp. v. Lastre-Torres, 202 So. 3d 872, 2016 Fla. App. LEXIS 13407 (Fla. Ct. App. 2016).

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FERNANDEZ, J.

Burger King Corporation appeals a final judgment entered in favor of Angel Luis Lastre-Torres. We affirm the final judgment except for the award of past and future medical expenses as those were excessive and not supported by the undisputed evidence. See Aircraft Serv. Int'l, Inc. v. Jackson, 768 So.2d 1094, 1096 (Fla. 3d DCA 1995) (stating that “[ajwards exceeding [a] definite and ascertainable amount are readily vacated and remanded”). Accordingly, upon remand the trial court is instructed to reduce the past medical expenses to $4,026.35 and the future medical expenses $24,024. In all other regards, we affirm.

Affirmed in part, reversed in part and remanded.

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FERNANDEZ, J.

Burger King Corporation appeals a final judgment entered in favor of Angel Luis Lastre-Torres. We affirm the final judgment except for the award of past and future medical expenses as those were excessive and not supported by the undisputed evidence. See Aircraft Serv. Int'l, Inc. v. Jackson, 768 So.2d 1094, 1096 (Fla. 3d DCA 1995) (stating that “[ajwards exceeding [a] definite and ascertainable amount are readily vacated and remanded”). Accordingly, upon remand the trial court is instructed to reduce the past medical expenses to $4,026.35 and the future medical expenses $24,024. In all other regards, we affirm.

Affirmed in part, reversed in part and remanded.

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202 So. 3d 872, 2016 Fla. App. LEXIS 13407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burger-king-corp-v-lastre-torres-fladistctapp-2016.

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