Tidwell v. Toca

362 So. 2d 85 (1978)

Charles Ray TIDWELL, Sr., As Natural Father and Guardian of Charles Ray Tidwell, Jr., a Minor, and Charles Ray Tidwell, Sr., Individually, Appellants,
v.
William H. TOCA, Yolanda Toca, and Allstate Insurance Company, Appellees.

No. 77-2144.

District Court of Appeal of Florida, Third District.

August 15, 1978.

Mark J. Feldman, Miami, for appellants.

Adams & Ward and Ramon E. Rasco, Miami, for appellees.

Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

The plaintiffs suffered a jury verdict against them and appeal the final judgment upon a claim that the jury was inconsistent. The verdict was upon special interrogatories, as follows:

"1. What percentage of negligence, if any, do you find that WILLIAM H. TOCA, was guilty of in causing this accident?

% 0

2. What percentage of negligence, if any, do you find that CHARLES RAY TIDWELL, JUNIOR, was guilty of in causing this accident?

% 100

3. What is the total amount of damages, if any, that you find CHARLES RAY TIDWELL, JR., has sustained as a direct and proximate result of the accident?

$4,500.00

4. What is the total amount of damages, if any, you find, that CHARLES RAY TIDWELL, SR. as natural father and guardian of CHARLES RAY TIDWELL, JR. has sustained as a direct and proximate result of the accident?

$3,500.00 SO SAY WE ALL"

We hold that the verdict is not inconsistent under the rule stated in Crawford v. DiMicco, 216 So. 2d 769 (Fla. 4th DCA 1968). A party may not complain of a verdict form to which he does not object. It is clear that in the instant case, the verdict as submitted permitted a finding of an amount of damages without a finding of liability for the damages.

Appellants' reliance upon this court's decision in Sweeney v. Wiggins, 350 So. 2d 536 (Fla. 3d DCA 1977), is misplaced since that case concerned a verdict which was clearly improper and was rejected by the trial court.

Affirmed.