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Citrus County Florida v. McQuillin2/21/2003
Citrus County appeals from the trial court's denial of its motion for a new trial or to set aside the verdict and final judgment in a wrongful death case. The jury returned a verdict awarding Bruce McQuillin, personal representative of his late wife's (Deborah McQuillin) estate, a total of 5.56 million dollars, reduced by 80% due to its attribution of comparative negligence to Deborah. Making up the total award were findings on net accumulations ($50,400), funeral expenses ($8,000), loss of service and support to the surviving spouse ($591,260), past and future pain and suffering for the surviving spouse ($516,000) and past and future loss of parental companionship and pain and suffering for Deborah's son, who was seven-years-old at the time of her death ($4,400,000). We affirm in part and reverse in part.
This case arose out of a tragic one-car accident caused by the driver losing control of the car which was traveling at a high rate of speed on a county road. The car's wheels left the side of the road and when the driver "jerked" the car back onto the road, she lost control of the car. The rear of the car skidded sideways across the road causing the car to roll over and hit several trees. The damage to the car was described as "horrific." Two passengers were ejected from the car, but Deborah was killed instantly, having suffered massive head injuries.
Based on the estate's expert testimony presented at trial, the jury concluded that the accident was partially caused by a drop off of some three to five inches from the surface of the pavement to the shoulder of the road. The county had just re-paved that section of the road, and there were no warning signs or markers to delineate the drop off. Experts testified that while the drop off did not contribute to the driver running off the road, it prevented her safe return to the surface of the road. They testified the drop off on this newly paved county road was a clear hazard to cars, even ones traveling only thirty miles per hour, especially since the drop off was straight down at a ninety degree angle.
On appeal, Citrus County argues that the trial court erred in admitting a gruesome photograph of the decedent as her body was placed in a body bag at the scene of the accident. Even if relevant, the County argues it was unduly inflammatory. ยง 90.403, Fla. Stat. As we have said before, the admission of photographs is within the trial court's broad discretion and its rulings will not be overturned on appeal unless there is a clear abuse of discretion. Waggoner v. State, 800 So. 2d 684 (Fla. 5th DCA 2001). See also Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000). The test for admissibility is relevance. Waggoner.
We think the photograph was relevant to support McQuillan's version of the facts in this accident. He was attempting to persuade the jury that Deborah was not the driver of the car, but rather that one of the two passengers was the driver. The photograph tended to support an expert witness's theory that Deborah had been a back-seat passenger, due to the nature of her injuries (to the back of her head).
In spite of its relevance, whether the photo was so gruesome as to outweigh its relevance by inflaming the jury is a judgment call -- primarily one for the trial judge. As an appellate court we cannot say there was an abuse of discretion in this case. The jury knew from the testimony this had been a violent and devastating accident and the decedent's body had to be cut out of the car. The photo was not enlarged nor did it unduly exaggerate Deborah's obvious lethal injuries.
Second, Citrus County contends the verdict as to both liability and damages was contrary to the manifest weight of t
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