101 So. 3d 857
Fla. Dist. Ct. App.2012Background
- Physicians sued University Community Hospital (UCH) for breach of an exclusive radiology contract with Shear Ahearn; liability was already decided in favor of physicians at trial, damages were remanded after appellate reversal on damages.
- This court previously held that damages must be measured by the remaining term of the physicians’ clinical privileges contract, using a calculation based on prior earnings as appropriate.
- On remand, a five-day trial awarded one physician some damages and zero damages to the others, including no nominal damages for several appellants.
- The physicians argue they were entitled to nominal damages and to damages for lost fringe benefits, as a matter of law or baseline calculation.
- The trial record showed the circuit court declined to award fringe benefits and the appellate record does not clearly show a different fringe-benefit calculation at remand; the panel affirmed.
- The court ultimately affirmed, and certified a conflict about nominal damages under Fifth District cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nominal damages required after breach? | Brooker/physicians: nominal damages must be awarded when breach proven. | UCH: no nominal damages if evidence shows zero actual damages. | No nominal damages required where evidence supports zero actual damages. |
| Fringe benefits damages on remand? | Physicians: fringe benefits should be awarded as part of damages. | UCH: damages computed per prior decision; fringe benefits depend on how the award was calculated. | Fringe benefits not clearly error; affirm as calculated. |
Key Cases Cited
- Hutchison v. Tompkins, 259 So.2d 129 (Fla. 1972) (nominal damages may be awarded where injury proven but actual damages not shown)
- Bernhardt v. Jacksonville Med. Ctr., Inc., 543 So.2d 833 (Fla. 1st DCA 1989) (damages may be calculated by straightforward average earnings)
- MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086 (Fla. 5th DCA 2003) (nominal damages may be owed once breach found)
- Destiny Construction Co. v. Martin K. Eby Construction, 662 So.2d 388 (Fla. 5th DCA 1995) (nominal damages available if breach shown even without proven actual damages)
- Indian River Colony Club, Inc. v. Schopke Construction & Engineering, Inc., 619 So.2d 6 (Fla. 5th DCA 1993) (nominal damages appropriate where breach proven)
- Smith v. Fla. Healthy Kids Corp., 27 So.3d 692 (Fla. 4th DCA 2010) (breach with zero damages may still affirm)
- Sur. Mortg., Inc. v. Equitable Mortg. Res., Inc., 534 So.2d 780 (Fla. 2d DCA 1988) (zero verdict upheld where damages disputed)
- Onontario of Florida, Inc. v. R.P. Trucking Co., 399 So.2d 1117 (Fla. 4th DCA 1981) (premature dismissal improper where nominal damages possible)
- King v. Saucier, 356 So.2d 930 (Fla. 2d DCA 1978) (premature dismissal improper where nominal damages possible)