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Food Lion v. Jackson6/26/1998
Appeal from the Circuit Court for Brevard County, Frank R. Pound, Jr., Judge.
Food Lion appeals an order granting Shirley Jackson's motion for additur or in the alternative, a new trial for damages only. We reverse and remand.
Food Lion attempted to restrict its customers from entering an area in the produce department of its grocery store, where the floor was noticeably wet, by barricading the area. The barricade consisted of a cone with "Wet Floor" and "Caution" printed on it, and a bucket with a mop in it. Ignoring the barricade, Jackson reached behind or walked around it to gain access to some produce and fell to the floor. Asked whether she was hurt immediately after the fall, Jackson said that she felt fine, but was embarrassed. The manager of Food Lion testified that he did not notice any impairment of Jackson's movements after she stood up.
Later, after leaving the store Jackson said that she began feeling discomfort in her neck, back and right leg. She also complained of headaches. She obtained treatment from a chiropractor 27 times but last visited him almost a year prior to the date of trial. The chiropractor predicted Jackson would continue to experience pain in the future as a result of her fall.
The verdict form submitted to the jury provided:
We, the jury, return the following verdict:
1. Was there negligence on the part of the Defendant, FOOD LION, which was a legal cause of damage to Plaintiff, SHIRLEY JACKSON.
YES X NO__________
If your answer to Questions 1 is no, your verdict is for the Defendant and you should not proceed further except to date and sign this Verdict and return it to the Courtroom. If your answer to Question 1 is YES, please continue.
2. Was there negligence on the part of the Plaintiff, SHIRLEY JACKSON, which was a legal cause of her damage?
YES X NO__________
If your answer to question 2 is YES, please answer question 3. If your answer to question 2 is NO skip question 3 and answer question 4.
3. State the percentage of any negligence, which was a legal cause of damage to Plaintiff, SHIRLEY JACKSON, that you charge to:
FOOD LION 90 %
SHIRLEY JACKSON 10 %
TOTAL MUST BE 100%
Please answer question 4.
4. What is the total amount (100%) of any damages sustained by Plaintiff, SHIRLEY JACKSON, and caused by the incident in question?
Total damages of Plaintiff, SHIRLEY JACKSON
$2061.80
In determining the total amount of damages, do not make any reduction because of the negligence, if any, of the Plaintiff. If you have the Plaintiff negligent in any degree, the Court in entering Judement will reduce Plaintiff's total amount of damages (100%) by the percentage of negligence which you found is chargeable to the Plaintiff.
Please answer Question 5.
5. What is the present value of any damages sustained by Plaintiff, SHIRLEY JACKSON, and caused by the incident in question?
$2061.80
In using the above verdict form, the parties and trial court ignored the itemization requirements of section 768.77, Florida Statutes (1995); only one line was provided for a composite of all damages rather than setting forth separate amounts for past economic and non-economic losses, and future economic and non-economic losses. The jury found the damages to be $2,061.80, the exact amount placed in evidence as Jackson's past medical damages. During their deliberations, the jury asked two questions which could only be interpreted as evidence of the intent to award Jac
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