Gonzalez v. Price

District Court of Appeal of Florida

Gonzalez v. Price

783 So. 2d 301, 2001 Fla. App. LEXIS 3919, 2001 WL 280071

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 2001

DocketNo. 5D00-748

StatusPublished

Cited by1 cases

This text of 783 So. 2d 301 (Gonzalez v. Price) 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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Gonzalez v. Price, 783 So. 2d 301, 2001 Fla. App. LEXIS 3919, 2001 WL 280071 (Fla. Ct. App. 2001).

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Opinion

HARRIS, J.

Of the several issues on appeal in this personal injury action, we find that only one merits discussion. Price was injured when her vehicle was struck by one being driven by Gonzalez. We affirm Price’s awards for past medical expenses, past pain and suffering and future pain and suffering. We reverse the award for lost earning ability.

In this case, Price, a professional singer and dancer, continues to perform but claims that her condition since the accident diminishes her chance to become a star on Broadway or in the movies. There is no evidence in the record, even assuming the extraordinarily speculative prospect of “making it on Broadway”, on the amount of damages attributable to the accident. Although Price testified that she could earn at least twice as much if she made it on Broadway, there was no testimony as to what she was making at her job at the [302]*302time of trial: singing and dancing with the Louise Mandrel show. We therefore affirm the judgment except for that portion relating to lost earning ability.

AFFIRMED in part; REVERSED in part and REMANDED to strike the award for lost earning ability from the judgment.

THOMPSON, C.J.; and SAWAYA, J., concur.

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HARRIS, J.

Of the several issues on appeal in this personal injury action, we find that only one merits discussion. Price was injured when her vehicle was struck by one being driven by Gonzalez. We affirm Price’s awards for past medical expenses, past pain and suffering and future pain and suffering. We reverse the award for lost earning ability.

In this case, Price, a professional singer and dancer, continues to perform but claims that her condition since the accident diminishes her chance to become a star on Broadway or in the movies. There is no evidence in the record, even assuming the extraordinarily speculative prospect of “making it on Broadway”, on the amount of damages attributable to the accident. Although Price testified that she could earn at least twice as much if she made it on Broadway, there was no testimony as to what she was making at her job at the [302]*302time of trial: singing and dancing with the Louise Mandrel show. We therefore affirm the judgment except for that portion relating to lost earning ability.

AFFIRMED in part; REVERSED in part and REMANDED to strike the award for lost earning ability from the judgment.

THOMPSON, C.J.; and SAWAYA, J., concur.

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Bluebook (online)

783 So. 2d 301, 2001 Fla. App. LEXIS 3919, 2001 WL 280071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-price-fladistctapp-2001.

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