Hollins v. Perry , 1991 Fla. App. LEXIS 6836 ( 1991 )


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  • 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.

Document Info

Docket Number: No. 90-2115

Citation Numbers: 582 So. 2d 786, 1991 Fla. App. LEXIS 6836, 1991 WL 129742

Judges: Cobb, Dauksch, Diamantis

Filed Date: 7/18/1991

Precedential Status: Precedential

Modified Date: 10/18/2024