Hollins v. Perry, 582 So. 2d 786

Hollins v. Perry

582 So. 2d 786 | Fla. Dist. Ct. App. | 1991

Concurrence Opinion

DIAMANTIS, Judge,

concurring specially.

I concur in the majority opinion. I would add a few words concerning the issue of the Orlando Regional Medical Center (ORMC) bill. ORMC reduced its bill to the plaintiff to $35,000 and agreed that $35,000 would constitute full payment for plaintiffs past hospitalization expenses. Florida has followed the rule that damages awarded to a plaintiff should be equal to and precisely commensurate with the loss sustained. Hanna v. Martin, 49 So.2d 585, *787587 (Fla.1950); The Wackenhut Corporation v. Lippert, 16 F.L.W. D1559, D1661 (Fla. 4th DCA June 12, 1991). Appellee’s loss for past hospitalization expenses was the sum of $35,000 and not the original greater sum. Consequently, appellee was only entitled to recover $35,000 as actual damages for past hospitalization expenses. Id.

Lead Opinion

DAUKSCH, Judge.

This is an appeal from a judgment in a personal injury case. We affirm the judgment in all respects except that portion regarding the Orlando Regional Medical Center (ORMC) bill. It was uncontroverted that appellee was obligated to ORMC in the amount of $35,000 and the judgment was for an amount in excess of that. The judgment is affirmed in all respects except the excessive award regarding the ORMC bill. That portion of the judgment is reversed and this cause remanded for entry of a proper judgment reducing the award of ORMC’s medical expenses to $35,000.

AFFIRMED; REVERSED and REMANDED.

COBB, J., concurs. DIAMANTIS, J., concurs specially with opinion.