White Construction Company, Inc. v. Dupont

430 So. 2d 915 (1983)

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Nature of the Case

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Facts

P was, a 55-year old independent truck owner/operator. Pt parked his four-axle tractor-trailer, with the motor running, to wait his turn for loading, and he stepped out of the cab and went between the trailer and the cab for the purpose of cleaning the cab. A Limerock employee, driving a CAT 988 loader, weighing some forty tons and standing approximately 22 feet high, proceeded to back the loader around a large pile of limerock toward P's trailer. As the loader, proceeding at top speed, the driver looked back, and, realizing he was going to hit the trailer and shouted a warning to P. The loader struck the back end of the trailer and the trailer and the trailer rolled over Pt, who in turn suffered permanent disability as a result of his injuries. P sued D seeking compensatory and punitive damages for his personal injuries. Janey Dupont joined in the action, seeking damages for her loss of consortium. Jane testified that P was unable to do household chores. No evidence was presented as to the reasonable value of the labor to do those chores. P got the verdict for the following damages: $1,025,000.00 in compensatory damages, $1,025,000.00 in damages to Janey Dupont for loss of consortium, $2,000,000.00 in punitive damages against Limerock, and $1,500,000.00 in punitive damages against D. The court granted a remittitur of $1,000,000.00 only as to the punitive damage award against Limerock. The consortium award compensated for financial loss, loss of domestic labor, and companionship. Ds appealed in part contending that the loss of consortium was excessive and amounted to a double recovery of damages properly awarded to P.