Verdicts: Excessiveness, Past and Future Non-Economic Damages, Future Medical Expenses; Trial: Reopening Case

Aills v. Boemi, ___ So. 3d  ___, 35 Fla. L. Weekly D1778 (Fla. 2d DCA 8/6/10)

The trial court did not abuse his discretion in a botched breast implant case by reducing the awards for past and future non-economic damages from $8 million to $2.5 million.  In reaching his decision, the trial judge compared the verdict with similar cases in Florida and the rest of the country.  The trial court should have reduced the award of future medical expenses from $150,000 to $75,000 because this was the maximum amount supported by the evidence.  The plaintiff did not introduce any evidence of the amount of future medical expenses in her case in chief.  The trial judge did not abuse his discretion by allowing the plaintiff to reopen her case to introduce evidence of future medical expenses.