Western Waste Industries, Inc. of Florida v. Merriam

District Court of Appeal of Florida

Western Waste Industries, Inc. of Florida v. Merriam

623 So. 2d 1252, 1993 Fla. App. LEXIS 9871, 1993 WL 383005

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 1993

DocketNo. 92-2992

StatusPublished

This text of 623 So. 2d 1252 (Western Waste Industries, Inc. of Florida v. Merriam) 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

Western Waste Industries, Inc. of Florida v. Merriam, 623 So. 2d 1252, 1993 Fla. App. LEXIS 9871, 1993 WL 383005 (Fla. Ct. App. 1993).

Pincite

Opinion

COBB, Judge.

The appellant, Western Waste Industries of Florida, challenges the award to the tort plaintiff below, Christine Merriam, of $74,-000.00 for future medical expenses and lost earning ability. The balance of the judgment below, based upon admitted liability and a jury verdict for damages, is not contested on appeal.

Western Waste urges that the trial judge erred in allowing the plaintiffs claims for these two items to go to the jury. Based upon the record, we agree that there was insufficient evidence to submit the issue of lost earning ability to the jury, and a directed verdict should have been granted on that issue. There was, however, some competent evidence adduced as to future medical expenses, albeit the aggregate amount thereof appears to fall far short of $74,000.00.

Accordingly, we reverse the award of $74,-000.00 and remand for a new trial on the issue of future medical expenses.

REVERSED AND REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

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