119 So. 3d 1284
Fla. Dist. Ct. App.2013Background
- Pack sued Geico for injuries from a collision with an uninsured motorist, alleging at least a neck sprain and related medical expenses.
- The jury returned a verdict of zero damages despite Geico admitting negligence and causation was at issue.
- Experts agreed Pack sustained an injury from the accident but disagreed on severity: Dr. Gieseke diagnosed neck sprain with fracture and disc herniation; Dr. Routman testified only neck sprain.
- Pack had prior neck-related hospitalizations, but she did not disclose them in post-accident examinations; she testified those pains were minor.
- The court denied Pack’s motion for a new trial; the appellate court reverses to award at least reasonable diagnostic testing costs and remand for damages, and upholds admission of a letter of protection to show potential bias.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages for diagnostic testing | Pack entitled to reasonable diagnostic costs. | Costs not recoverable if zero-damage verdict. | Pack entitled to diagnostic testing costs; zero damages against weight of evidence. |
| Manifest weight of the evidence | Verdict against the evidence given both injury and costs. | Zero verdict could be supported by lack of damages. | Verdict against manifest weight; remand for damages. |
| Letter of protection and witness bias | Katzman/Steinger limit use of letters of protection. | Letter shows bias and is admissible. | Evidence of letter of protection properly admitted to show potential bias. |
Key Cases Cited
- Sparks-Book v. Sports Authority Inc., 699 So.2d 767 (Fla. 3d DCA 1997) (allowable medical expense recovery for diagnostic testing)
- State, Department of Transportation v. Rosario, 782 So.2d 927 (Fla. 2d DCA 2001) (zero verdict exceptions when causation disputed and other factors present)
- Carnival v. Jimenez, 112 So.3d 513 (Fla. 2d DCA 2013) (letters of protection relate to witness bias)
- Allstate Ins. Co. v. Boecher, 733 So.2d 993 (Fla. 1999) (witness bias and financial relationships may be disclosed to juries)
- Katzman v. Rediron Fabrication, Inc., 76 So.3d 1060 (Fla. 4th DCA 2011) (letters of protection not per se dispositive; discovery framework)
- Steinger, Iscoe & Greene v. GEICO General Insurance Co., 103 So.3d 200 (Fla. 4th DCA 2012) (premature discovery of letters of protection; differentiation from plaintiff’s case)
- Griffis v. Hill, 230 So.2d 143 (Fla.1969) (verdict adequacy test: could a jury reasonably reach the verdict)