Waldron v. Dorsey, 585 So. 2d 403 (Fla. 1st DCA 1991). · Go Syfert
Waldron v. Dorsey, 585 So. 2d 403 (Fla. 1st DCA 1991). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see" Peterson v. Sun State International Trucks, LLC (2×)
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Waldron v. Dorsey, 585 So.2d 403, 404 (Fla. 1st DCA 1991) (reversing for a new trial on loss of consortium claims even though some of the evidence was conflicting where there was also substantial, undisputed evidence showing that at least nominal damages should have been awarded); see also Noah v. Threlkeld, 543 So.2d 431, 432 (Fla. 2d DCA 1989) (holding that the plaintiffs “were at least entitled to nominal damages in view of their unrebut-ted testimony on [their] claims” for loss of services and consortium); Big Lots Stores, Inc., 18 So.3d at 1068 (holding that the evidence presented…
cited Cited "see" Aurbach v. Gallina
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Waldron v. Dorsey, 585 So.2d 403, 404 (Fla. 1st DCA 1991); Christopher v. Bonifay, 577 So.2d 617 (Fla. 1st DCA 1991).
cited Cited "see, e.g." Ballagas v. Scott
Fla. Dist. Ct. App. · 1991 · signal: see also · confidence low
See also, e.g., Waldron v. Dorsey, 585 So.2d 403 (Fla. 1st DCA 1991); Fleming v. Albertson’s, Inc., 535 So.2d 682 (Fla. 1st DCA 1988), rev. denied, 542 So.2d 1333 (Fla.1989).
Retrieving the full opinion text from the archive…
Donald WALDRON and Ruby Waldron
v.
Gwendolyn Elaine DORSEY, N.S.L., Inc. and National Steel Corporation
No. 90-3788.
District Court of Appeal of Florida, First District.
Aug 27, 1991.
585 So. 2d 403
Rod Bowdoin, of Darby, Peele, Bowdoin & Payne, Lake City, for appellants., William P. Cervone, of Jones, Carter & Singer, P.A., Gainesville, for appellees.
Wentworth, Wigginton, Wolf.
Cited by 4 opinions  |  Published
WIGGINTON, Judge.

Appellants, husband and wife, appeal an order denying their motion for new trial on[*404] their loss of consortium claims in their personal injury action against appellees. The suit arose from a traffic accident in which both appellants suffered injuries. We reverse and remand for a new trial on the issues of lost consortium.

At trial, appellees admitted liability. Therefore, only the issues of damages were presented to the jury. The jury returned a verdict awarding substantial damages to each appellant for past and future lost earnings, pain and suffering and medical expenses. The jury returned zero verdicts, however, on appellants’ claims of past and future loss of consortium.

Although, as appellees assert, some of the evidence as to the parties’ consortium claims was conflicting and reflected losses which were otherwise compensated in the jury verdict awarding damages on the other claims, appellants did present some substantial, undisputed evidence from which at least nominal damages should have been returned. For example, the evidence shows that both parties underwent surgery at least twice as a result of their injuries and both endured convalescent periods during which their abilities to perform normal household and familial duties necessarily were diminished. Thus, while other evidence in the record may serve to diminish certain portions of the consortium claims, sufficient undisputed evidence was presented to require an award of at least nominal damages. Compare Christopher v. Bonifay, 577 So.2d 617 (Fla. 1st DCA 1991) and Jenkins v. West, 463 So.2d 581 (Fla. 1st DCA 1985).

REVERSED and REMANDED for a new trial on the consortium claims.

WOLF, J., and WENTWORTH, Senior Judge, concur.