Petruk v. Allstate Insurance Co.

District Court of Appeal of Florida

Petruk v. Allstate Insurance Co.

705 So. 2d 125, 1998 Fla. App. LEXIS 558, 1998 WL 23250

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 1998

DocketNo. 97-00580

StatusPublished

This text of 705 So. 2d 125 (Petruk v. Allstate Insurance Co.) 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

Petruk v. Allstate Insurance Co., 705 So. 2d 125, 1998 Fla. App. LEXIS 558, 1998 WL 23250 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

Daniel Petruk appeals from a jury verdict in Allstate’s favor. Petruk was injured in a motor vehicle accident. Allstate was Pe-truk’s uninsured motorist carrier. The sole issue before the jury was the loss of future earning capacity. We reverse.

The trial court ruled that during closing argument, Petruk’s counsel could not comment on evidence that had been introduced. See Watkins v. Sims, 81 Fla. 730, 88 So. 764 (1921); Carrion-Viscay v. State, 478 So.2d 1192 (Fla. 3d DCA 1985). In Collins Fruit Co. v. Giglio, 184 So.2d 447, 449 (Fla. 2d DCA 1966), the court stated: “the closing argument is a crucial phase of a lawsuit, during which an improper ruling by the trial judge could be so prejudicial as to warrant the granting of a new trial.”

In addition, Allstate argued W.R. Grace & Co.-Conn. v. Pyke, 661 So.2d 1301 (Fla. 3d DCA 1995), controlled the issue of Petruk’s pending loss of employment. We find Grace to be distinguishable as the potential layoff in that case was to be at some future unknown date. In this case, evidence was presented at trial that Petruk’s layoff was certain and would take place in the immediate future. Petruk also submitted testimony that, if believed by the trier of fact, would relate his injury to a loss of future earning capacity.

Accordingly, we reverse the jury verdict in favor of Allstate and remand for a new trial on all matters related to Petruk’s claim for loss of future earning capacity.

PATTERSON, A.C.J., and BLUE and WHATLEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Daniel Petruk appeals from a jury verdict in Allstate’s favor. Petruk was injured in a motor vehicle accident. Allstate was Pe-truk’s uninsured motorist carrier. The sole issue before the jury was the loss of future earning capacity. We reverse.

The trial court ruled that during closing argument, Petruk’s counsel could not comment on evidence that had been introduced. See Watkins v. Sims, 81 Fla. 730, 88 So. 764 (1921); Carrion-Viscay v. State, 478 So.2d 1192 (Fla. 3d DCA 1985). In Collins Fruit Co. v. Giglio, 184 So.2d 447, 449 (Fla. 2d DCA 1966), the court stated: “the closing argument is a crucial phase of a lawsuit, during which an improper ruling by the trial judge could be so prejudicial as to warrant the granting of a new trial.”

In addition, Allstate argued W.R. Grace & Co.-Conn. v. Pyke, 661 So.2d 1301 (Fla. 3d DCA 1995), controlled the issue of Petruk’s pending loss of employment. We find Grace to be distinguishable as the potential layoff in that case was to be at some future unknown date. In this case, evidence was presented at trial that Petruk’s layoff was certain and would take place in the immediate future. Petruk also submitted testimony that, if believed by the trier of fact, would relate his injury to a loss of future earning capacity.

Accordingly, we reverse the jury verdict in favor of Allstate and remand for a new trial on all matters related to Petruk’s claim for loss of future earning capacity.

PATTERSON, A.C.J., and BLUE and WHATLEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

705 So. 2d 125, 1998 Fla. App. LEXIS 558, 1998 WL 23250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petruk-v-allstate-insurance-co-fladistctapp-1998.

Opinion

Related

Cite This Page — Counsel Stack