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Florida Statute 768.77 | Lawyer Caselaw & Research
F.S. 768.77 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.77
768.77 Itemized verdict.
(1) Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:
(a) Amounts intended to compensate the claimant for economic losses;
(b) Amounts intended to compensate the claimant for noneconomic losses; and
(c) Amounts awarded to the claimant for punitive damages, if applicable.
(2) In any action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:
(a) Amounts intended to compensate the claimant for:
1. Past economic losses; and
2. Future economic losses, not reduced to present value, and the number of years or part thereof which the award is intended to cover;
(b) Amounts intended to compensate the claimant for:
1. Past noneconomic losses; and
2. Future noneconomic losses and the number of years or part thereof which the award is intended to cover; and
(c) Amounts awarded to the claimant for punitive damages, if applicable.
History.s. 56, ch. 86-160; s. 7, ch. 99-225; s. 68, ch. 2003-416.

F.S. 768.77 on Google Scholar

F.S. 768.77 on Casetext

Amendments to 768.77


Arrestable Offenses / Crimes under Fla. Stat. 768.77
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.77.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DIXON Sr. E. R. T. Jr. a v. UNITED STATES, 900 F.3d 1257 (11th Cir. 2018)

. . . request of either party, enter a judgment ordering future economic damages, as itemized pursuant to s. 768.77 . . . request of either party, enter a judgment ordering future economic damages, as itemized pursuant to s. 768.77 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 192 So. 3d 1183 (Fla. 2016)

. . . This instruction conflicts' with F.S. 768.77(2)(a)2. and should not be given in medical malpractice cases . . . This instruction conflicts with F.S. 768.77(2)(a)2. and should not .be given in medical malpractice cases . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. PRODUCTS LIABILITY, 160 So. 3d 869 (Fla. 2015)

. . . For a model itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. W. DARRAGH,, 95 So. 3d 897 (Fla. Dist. Ct. App. 2012)

. . . to reduce future economic damages to present value had been superced-ed by an amendment to section 768.77 . . . damages to their present value was a common law requirement that pre-dated the enactment of section 768.77 . . . Section 768.77(1) was originally enacted as part of the Tort Reform Act of 1986, see Ch. 86-160, § 56 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. PRODUCTS LIABILITY, 91 So. 3d 785 (Fla. 2012)

. . . FOREMAN OR FOREWOMAN NQ-T-E-ON US-E Eor — a model-itemized verdict form, as contemplated- by section 768.77 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . F.S. 768.77 was amended to delete the requirements that required designation of past or future damages . . . Under the 1999 amendment to F.S. 768.77(1), damages for all non-medical negligence cases only have to . . . F.S. 768.77(2), however, requires further itemization for medical negligence cases. . . . Verdict Forms 2(a) and 2(b) to comply with the minimum requirements of the 1999 amendments to F.S. 768.77 . . . For verdict requirements in medical negligence claims, see F.S. 768.77(2) and 768.78(2)(a). . . .

P. JOHNSON, v. CLARK,, 484 F. Supp. 2d 1242 (M.D. Fla. 2007)

. . . . § 768.77(1). Such itemization is mandatory if requested by a party. Publix Super Markets, Inc. v. . . .

SHELL SEEKERS, INC. W. B. A W. B. B. v. GOVERNMENT OF THE VIRGIN ISLANDS,, 308 F. Supp. 2d 579 (D.V.I. 2004)

. . . $77,837.00_$40,000.00_$583.77_$300.00_$ 283.77 1998 477,837.00 $42,000.00_$583.77 $315.00_$ 268.77 _Total:_$ 768.77 . . .

SHELL SEEKERS, INC. W. B. A W. B. B. v. GOVERNMENT OF THE VIRGIN ISLANDS,, 308 F. Supp. 2d 592 (D.V.I. 2004)

. . . DECREED that the trustee has overpaid his 1996-1998 property tax bills on this property by a total of $768.77 . . . accordingly, it is hereby DECREED that the trustee is entitled to a refund for the 1996 to 1998 tax years of $768.77 . . .

MORTON ROOFING, INC. A. v. D. PRATHER B., 864 So. 2d 64 (Fla. Dist. Ct. App. 2003)

. . . See § 768.77, Fla. Stat. . . . .

PUBLIX SUPER MARKETS, INC. v. G. YOUNG, 848 So. 2d 1242 (Fla. Dist. Ct. App. 2003)

. . . We reverse because the court failed to use the itemized verdict form required by section 768.77, Florida . . . Section 768.77 requires an itemized verdict in a negligence action. . . . . § 768.77, Fla. Stat. (2001) (emphasis added). . . . The original version of section 768.77 was enacted as part of the Tort Reform and Insurance Act, which . . . The itemized verdict required by section 768.77 “is mandatory when requested by a party.” . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NOS., 825 So. 2d 277 (Fla. 2002)

. . . In 1999, section 768.77, Florida Statutes, was amended to require itemization of only economic losses . . . No court opinion has expressly determined whether section 768.77 or section 768.78 is constitutional . . . The committee also submits Model Verdict Forms 8.1e and 8.1f as forms complying with section 768.77, . . . Its publication does not imply any view of the constitutionality of § 768.77 under Art. . . . OF 1986, § 768.77, FLA. . . .

ALLSTATE INSURANCE COMPANY, v. THORNTON, 781 So. 2d 416 (Fla. Dist. Ct. App. 2001)

. . . The remaining points on appeal regarding the former version of Florida Statute 768.77(2)(1986), and the . . .

BEAUVAIS, v. EDELL,, 760 So. 2d 262 (Fla. Dist. Ct. App. 2000)

. . . trial judge to make this review of damages, at the same time the legislature also created in section 768.77 . . . The Legislature has since amended section 768.77 by deleting subsection (2). . . . In a number of cases decided before section 768.77 was adopted involving the same circumstance — a verdict . . . The statute requiring an itemized verdict, section 768.77, does not require that economic losses be separated . . .

ITT HARTFORD INSURANCE COMPANY OF THE SOUTHEAST, v. OWENS A., 760 So. 2d 210 (Fla. Dist. Ct. App. 2000)

. . . . § 768.77, is to facilitate judicial review of the jury’s award by the trial judge and the appellate . . .

PERRY v. W. ALLEN,, 720 So. 2d 614 (Fla. Dist. Ct. App. 1998)

. . . the Tort Reform and Insurance Act of 1986, Chapter 86-160, Laws of Florida, it provided in section 768.77 . . .

FOOD LION, v. JACKSON,, 712 So. 2d 800 (Fla. Dist. Ct. App. 1998)

. . . the above verdict form, the parties and trial court ignored the itemization requirements of section 768.77 . . . to all of the parties to complain about the noncompliance with the verdict form required by section 768.77 . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NO., 711 So. 2d 1 (Fla. 1998)

. . . FOREMAN OR FOREWOMAN NOTE ON USE For a model itemized verdict form, as contemplated by section 768.77 . . . For a model itemized .verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model . . . FOREMAN OR FOREWOMAN NOTE ON USE For a model itemized verdict form, as contemplated by section 768.77 . . . FOREMAN OR FOREWOMAN NOTE ON USE For a model itemized verdict form, as contemplated by section 768.77 . . . FOREMAN OR FOREWOMAN NOTE ON USE For a model itemized verdict form, as contemplated by section 768.77 . . .

PSYCHIATRIC INSTITUTE OF DEL- RAY, INC. d b a At M. D. v. KEEL,, 717 So. 2d 1042 (Fla. Dist. Ct. App. 1998)

. . . result to any party, enter a judgment ordering future economic damages, as itemized pursuant to s. 768.77 . . . request of either party, enter a judgment ordering future economic damages, as itemized pursuant to s. 768.77 . . .

DOUGHTY a v. INSURANCE COMPANY OF NORTH AMERICA a k a CIGNA,, 701 So. 2d 1225 (Fla. Dist. Ct. App. 1997)

. . . We sometimes wonder whether the 1986 tort reform legislation which requires itemized verdicts, § 768.77 . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES- NO., 700 So. 2d 379 (Fla. 1997)

. . . For a model itemized verdict form, as contemplated by § 768.77, Florida Statutes, refer to Model Verdict . . .

McELHANEY, R. N. NME d b a v. UEBRICH,, 699 So. 2d 1033 (Fla. Dist. Ct. App. 1997)

. . . This case presents a classic example of why the requirements of section 768.77, Florida Statutes (1995 . . .

KRISTON, v. A. WEBSTER,, 688 So. 2d 346 (Fla. Dist. Ct. App. 1997)

. . . verdict form to the jury rather than an itemized verdict form requested by Kriston pursuant to section 768.77 . . . the Tort Reform and Insurance Act of 1986, Chapter 86-160, Laws of Florida, it provided in section 768.77 . . .

ALLSTATE INSURANCE COMPANY, v. MANASSE,, 681 So. 2d 779 (Fla. Dist. Ct. App. 1996)

. . . based on the use of an itemized verdict was part of the stated legislative intent in enacting section 768.77 . . . , which mandates itemization of damage amounts broken down into categories. §§ 768.74(6), 768.77, Fla . . . Section 768.77 was part of the Tort Reform and Insurance Act, which became effective in 1986. . . . From a review of the appellate cases decided subsequent to the enactment of section 768.77, it appears . . .

W. R. GRACE COMPANY- CONN. v. PYKE,, 661 So. 2d 1301 (Fla. Dist. Ct. App. 1995)

. . . Section 768.77, Florida Statutes (1993); Townsend v. Gibson, 67 So.2d 225 (Fla.1953). . . . Section 768.77, Florida Statutes (1993). . . .

M. SIMPSON R. v. STONE,, 662 So. 2d 959 (Fla. Dist. Ct. App. 1995)

. . . Since the enactment of section 768.77, Florida Statutes (1991), most tort cases are now submitted to . . .

S. COWEN, v. M. THORNTON,, 621 So. 2d 684 (Fla. Dist. Ct. App. 1993)

. . . Since the enactment of section 768.77, Florida Statutes (1991), most tort cases are now submitted to . . .

W. DYES v. J. SPICK a, 606 So. 2d 700 (Fla. Dist. Ct. App. 1992)

. . . Two important aspects of tort reform are the itemized verdict statute, section 768.77, Florida Statutes . . .

SILVA, v. SOUTHWEST FLORIDA BLOOD BANK, INC. SMITH, v. SOUTHWEST FLORIDA BLOOD BANK, INC., 601 So. 2d 1184 (Fla. 1992)

. . . See § 768.77, Fla.Stat. (1989). . . .

EDWARD M. CHADBOURNE, INC. v. VAN DYKE, n k a, 590 So. 2d 1023 (Fla. Dist. Ct. App. 1991)

. . . In this case the court submitted to the jury an itemized verdict pursuant to Section 768.77, Florida . . .

In STANDARD JURY INSTRUCTIONS- CIVIL NO., 570 So. 2d 294 (Fla. 1990)

. . . paragraph should be given when using one of the itemized verdict forms in Part VIII to comply with sec. 768.77 . . .

VIBRANT VIDEO, INC. v. DIXIE POINTE ASSOCIATES,, 567 So. 2d 1003 (Fla. Dist. Ct. App. 1990)

. . . Ziegler, 305 So.2d 864, 865-66 (Fla. 3d DCA 1974); § 768.77, Fla.Stat. (1989). . . .

G. BURTON, v. POWELL, 547 So. 2d 330 (Fla. Dist. Ct. App. 1989)

. . . to compensation for future losses because of the provisions of the Tort Reform Act of 1986, section 768.77 . . . Florida Supreme Court Committee on Standard Jury Instructions (Civil) has attempted to interpret section 768.77 . . . that its publication of the verdict form “does not imply any view of the constitutionality of section 768.77 . . . We note the Florida Supreme Court’s intimation that section 768.77 represents an unconstitutional invasion . . .

In STANDARD JURY INSTRUCTIONS CIVIL CASES, 541 So. 2d 90 (Fla. 1989)

. . . comments, entitled: MODEL FORM OF VERDICT ITEMIZING PERSONAL INJURY DAMAGES (TORT REFORM ACT OF 1986, § 768.77 . . . F.S.1987) and MODEL FORM OF VERDICT ITEMIZING WRONGFUL DEATH DAMAGES (TORT REFORM ACT OF 1986, § 768.77 . . . It has been suggested that we should ignore the provisions of sections 768.77 and 768.78 in structuring . . . MODEL FORM OF VERDICT ITEMIZING PERSONAL INJURY DAMAGES (TORT REFORM ACT OF 1986, § 768.77 F.S.1987) . . . Its publication does not imply any view of the constitutionality of § 768.77 under Art. . . .

BROWN, v. M. SIMS, M. D. s M. D., 538 So. 2d 901 (Fla. Dist. Ct. App. 1989)

. . . Section 768.77, Florida Statutes (1987), which now requires an itemized verdict for categories of damages . . .

R. BAUMGARDNER E. v. COMMISSIONER OF INTERNAL REVENUE,, 251 F.2d 311 (9th Cir. 1957)

. . . .$ 904.09 1945 ..... 768.77 1949 ..... 705.11 1946 ..... 1093.39 1950 ..... 626.18 1947 ..... 929.74 . . .