From Casetext: Smarter Legal Research

Sparks-Book v. Sports Authority, Inc.

District Court of Appeal of Florida, Third District
Sep 3, 1997
699 So. 2d 767 (Fla. Dist. Ct. App. 1997)

Summary

reversing order denying motion for new trial where "[a]t a minimum, the plaintiff was entitled to recover for those medical expenses incurred for any diagnostic testing which was reasonably necessary to determine whether the accident caused her injuries"

Summary of this case from Meyers v. Shontz

Opinion

Case No. 96-2491

Opinion filed September 3, 1997 Rehearing Denied October 15, 1997.

An appeal from the Circuit Court for Dade County, Gisela Cardonne, Judge.

Robert C. Maland; Dorothy F. Easley, for appellants.

Fertig and Gramling and Frank L. Gramling, and Darlene M. Lidondici and Elizabeth J. Gregovits, for appellee.

Before NESBITT, LEVY, and GODERICH, JJ.


Plaintiffs-appellants appeal an adverse final judgment and the lower court's denial of their motion for a new trial. We reverse.

Lila Sparks-Book was shopping with her husband at The Sports Authority on August 23, 1992. There, a camping stove was accidentally knocked off a shelf by an employee and it landed on Sparks-Book's head. She filed suit, along with her husband who filed a loss of consortium claim. The Sports Authority admitted liability but contested damages.

The main issue at trial was the extent to which Sparks-Book's physical ailments were attributable to the accident at The Sports Authority. At the end of the trial, the jury answered "No" to the question: "Was the negligence on the part of Defendant, The Sports Authority, Inc. the legal cause of any loss, injury or damage to Plaintiff Lila Sparks-Book?" That finding ended the case, and the trial court entered final judgment in The Sports Authority's favor. The trial court later denied the plaintiffs' motion for a new trial which contended, in short, that the verdict was against the manifest weight of the evidence.

At a minimum, the plaintiff was entitled to recover for those medical expenses incurred for any diagnostic testing which was reasonably necessary to determine whether the accident caused her injuries. See Blanford v. Polk County, 410 So.2d 667, 669 (Fla. 2d DCA 1982); see also Noralyn O. Harlow, Annotation,Recoverability from tortfeasor of cost of diagnostic examinations absent proof of actual bodily injury, 46 A.L.R.4th 1151 (1986). It is undisputed that paramedics were called to the scene of the accident and that Sparks-Book was transported to an emergency room. There, x-rays were taken of Sparks-Book's jaw, shoulder, and neck. Consequently, we reverse and remand for a new trial on the question of the plaintiffs' damages.

With respect to the plaintiffs' contention that the first question on the verdict form was inconsistent with the defendant's admission of liability, we refer the parties to Rucker v. Garlock, Inc., 672 So.2d 100 (Fla. 3d DCA 1996). There, in a trial solely on damages we held: "[E]ven with causation not at issue, plaintiff was still obligated to prove some connexity between the damages claimed and the [defendant's tortious conduct]." Id. at 102.


Summaries of

Sparks-Book v. Sports Authority, Inc.

District Court of Appeal of Florida, Third District
Sep 3, 1997
699 So. 2d 767 (Fla. Dist. Ct. App. 1997)

reversing order denying motion for new trial where "[a]t a minimum, the plaintiff was entitled to recover for those medical expenses incurred for any diagnostic testing which was reasonably necessary to determine whether the accident caused her injuries"

Summary of this case from Meyers v. Shontz

In Sparks-Book, this Court reversed an order denying the plaintiffs motion for a new trial, holding that "[a]t a minimum, the plaintiff was entitled to recover for those medical expenses incurred for necessary diagnostic testing which [were] reasonably necessary to determine whether the accident caused her injuries."

Summary of this case from Allstate Property & Casualty Insurance Co. v. Flores

In Sparks-Book the question the jury was asked to resolve was the following: "Was the negligence on the part of the Defendant, The Sports Authority, Inc., the legal cause of any loss, injury, or damage to Plaintiff Lila Sparks-Book?

Summary of this case from Plana v. Sainz
Case details for

Sparks-Book v. Sports Authority, Inc.

Case Details

Full title:LILA SPARKS-BOOK AND EDWARD A. BOOK, JR., HER HUSBAND APPELLANTS, vs. THE…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 3, 1997

Citations

699 So. 2d 767 (Fla. Dist. Ct. App. 1997)

Citing Cases

Plana v. Sainz

It is generally true that even when a jury finds that the plaintiff was not injured as a result of the…

Hernandez v. Gonzalez

Although the appellees admitted negligence, causation was a disputed issue on which both plaintiffs bore the…