Swanson v. Robles

128 So. 3d 915, 2013 WL 6691122, 2013 Fla. App. LEXIS 20109
CourtDistrict Court of Appeal of Florida
DecidedDecember 20, 2013
DocketNo. 2D12-1257
StatusPublished
Cited by4 cases

This text of 128 So. 3d 915 (Swanson v. Robles) 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
Swanson v. Robles, 128 So. 3d 915, 2013 WL 6691122, 2013 Fla. App. LEXIS 20109 (Fla. Ct. App. 2013).

Opinion

SILBERMAN, Judge.

As the result of a vehicular collision, Linda J. Robles, as personal representative of the estate of Miguel A. Mercado, deceased, brought this wrongful death action against Aaron Swanson. Swanson appeals from the final judgment totaling over $6,000,000. We conclude that the trial court committed reversible error in allowing irrelevant and highly prejudicial evidence of Swanson’s drug use in the first phase of trial when he had admitted liability for both compensatory and punitive damages. Therefore, we reverse and remand for a new trial. The other two issues Swanson raises are moot in light of this disposition.

On October 19, 2008, Swanson was driving his truck when he collided with a vehicle owned by the City of Tampa that was parked in the striped median area of the road. City employee Miguel Mercado was standing at the rear of the city vehicle and unloading traffic counters. Swanson’s truck struck Mercado and caused his immediate death.

Mercado’s estate brought a wrongful death action against Swanson, seeking compensatory damages for his widow, Gloria Mercado, and compensatory and punitive damages for the estate (collectively referred to as the Plaintiff). Swanson filed motions to bifurcate the trial to prevent prejudicial evidence of his drug use from being admitted in the first phase of trial in which the jury would determine compensatory damages. He argued that the evidence of his drug use would inflame the jury and affect its deliberations regarding compensatory damages.

The trial court ruled that the trial would proceed in two phases, the first dealing with entitlement to compensatory and punitive damages and the second dealing with the amount of punitive damages. The trial court also denied the motions in li-mine and concluded that evidence of Swanson’s drug use was relevant to the Plaintiffs entitlement to punitive damages.

Shortly prior to trial, Swanson admitted that he was negligent and the sole proximate cause of the collision. He also admitted that he acted with gross negligence and conceded that the Plaintiff was entitled to punitive damages. Swanson then sought to exclude evidence of his drug use from the compensatory phase of the trial. He argued that because the Plaintiffs entitlement to punitive damages was conceded and no longer a jury issue, evidence of his drug use was no longer probative of any material issue of fact in the compensatory phase of the trial. He contended that the evidence of drug use should be admissible only in the second phase of trial when the jury determined the amount of punitive damages.

The trial court ruled that the evidence of Swanson’s drug use was admissible during the compensatory phase of trial. This ruling was based on the Plaintiffs argument that evidence of Swanson’s drug use was relevant to prove Mrs. Mercado’s compensatory damages because knowing that Swanson had engaged in such conduct and [917]*917gone unpunished increased her pain and suffering.

Because the trial court had ruled that the evidence of drug use would be admitted in the compensatory damages phase of the trial, Swanson withdrew his motion for bifurcation and stipulated to the trial being conducted in one phase. Swanson’s reasoning was that bifurcation had become pointless because the evidence of his drug use would come in during the first phase of trial even though it was only relevant to the amount of punitive damages; if the trial were bifurcated, the parties would have called the same witnesses back in the second phase to repeat their testimony regarding Swanson’s drug use.

At trial the Plaintiff presented evidence through numerous witnesses regarding Swanson’s drug use. The evidence showed that after the collision, which occurred at approximately 7:50 a.m., Swanson was sleep deprived and had in his system a generic form of Xanax, a trace amount of methadone, and a metabolite of marijuana. He also had a drink of alcohol the night before the collision. Swanson was a recovering heroin addict, he had missed a methadone treatment, and he was on his way to a methadone clinic at the time of the accident. In addition, marijuana was found in his truck.

A Plaintiffs expert testified to the synergistic effect of multiple substances and sleep deprivation on Swanson. The expert opined within a reasonable degree of pharmacological certainty that it was more likely than not that Swanson was impaired. The defense expert opined that it was speculation whether the combination of drugs in Swanson’s system would have impaired him.

When Mrs. Mercado testified as to her pain and suffering, she was asked if how her husband died affected her. She testified that her husband meant everything to her, but she did not specifically comment on the effect his death had on her based on the manner in which he died. In fact, it was not clear at trial that Mrs. Mercado was even aware of Swanson’s drug use.

The jury awarded compensatory damages of $18,104 to the estate for funeral expenses, $419,339.15 to Mrs. Mercado for loss of support and services, and $4,250,000 to Mrs. Mercado for pain and suffering. The jury awarded punitive damages of $1,500,000 to the estate. The jury found that Swanson was under the influence of alcohol or drugs to the extent that he was impaired at the time of the accident. Swanson filed motions for re-mittitur and a motion for new trial which the trial court denied. We agree with Swanson’s argument that the trial court committed reversible error in ruling that evidence of Swanson’s drug use was admissible in the compensatory damages portion of the trial and that a new trial is necessary.

The admissibility of evidence is within the trial court’s discretion, but the rules of evidence limit that discretion. Michael v. State, 884 So.2d 83, 84 (Fla. 2d DCA 2004); Shaw v. Jain, 914 So.2d 458, 460 (Fla. 1st DCA 2005). The rules of evidence provide for the admission of relevant evidence and define relevant evidence as “evidence tending to prove or disprove a material fact.” §§ 90.401, .402, Fla. Stat. (2011). And, even if relevant, evidence is inadmissible when “its probative value is substantially outweighed by the danger of unfair prejudice.” § 90.403.

When a defendant admits liability in an automobile negligence case and the only remaining issue is the amount of compensatory damages, evidence regarding the defendant’s sobriety should not be admitted into evidence. Neering v. Johnson, 390 So.2d 742, 744 (Fla. 4th DCA [918]*9181980); see also Shaw, 914 So.2d at 460 (determining that the plaintiffs use of marijuana was not relevant to her injuries and the evidence should not have been admitted). When a defendant admits the entire responsibility for an accident and only the amount of damages is at issue, evidence regarding liability is irrelevant and prejudicial. Metro. Dade Cnty. v. Cox, 453 So.2d 1171, 1172-73 (Fla. 3d DCA 1984) (citing Barton v. Miami Transit Co., 42 So.2d 849 (Fla.1949)). In Cox, the Third District determined that the defendant’s conduct was relevant to the jury’s determination when comparative negligence was an issue. Id. at 1173.

In the present case, Swanson admitted that he was negligent and the sole proximate cause of the accident. Evidence of Swanson’s drug use was highly prejudicial and could serve to inflame the jury against him. See Bromiing v. Lewis, 582 So.2d 101, 101-02 (Fla.

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Bluebook (online)
128 So. 3d 915, 2013 WL 6691122, 2013 Fla. App. LEXIS 20109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swanson-v-robles-fladistctapp-2013.