GLABVO DREDGING CONTRACTORS, ETC., ET AL., APPELLANTS,
v.
SARAH E. BROWN, ETC., APPELLEE
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A party who submits a jury instruction adopted by the court cannot appeal that instruction on review. The jury's award for loss of support and services was within the evidence.
Appellants, a joint venture and its member, appeal a jury verdict awarding damages to the widow of a deceased employee for support and services. The j…
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PER CURIAM.
Glabvo, a joint venture, and Great Lakes Dredge and Dock Co., a member of the joint venture, appeal a final judgment entered pursuant to a jury verdict. The judgment awarded Mrs. Brown (the widow of a deceased employee of the joint venture) damages for support and services.
A party who submits a proposed jury instruction which is adopted by the trial court and given to the jury, may not be heard to urge, on appeal, error in such instruction. Young v. Taylor, 212 So. 2d 25 (Fla. 2d DCA 1968).
A jury in a maritime personal injury case is free to allow damages for loss of support and services, although not damages for pain and suffering. Mobil Oil Corp. v. Higginbotham, 436 U.S. 618, 98 S.Ct. 2010, 56 L.Ed.2d 581 (1978); Ivy v. Security Barge Lines, Inc., 585 F. 2d 732 (5th Cir. 1978). The verdict in the instant case was within the evidence adduced by the plaintiff as to the loss sustained by the widow for support and services and, therefore, should be affirmed. Helman v. Seaboard Coast Line Railroad, 349 So. 2d 1187 (Fla.1977); Bermil Corp. v. Sawyer, 353 So. 2d 579 (Fla. 3d DCA 1977).
The final judgment under review is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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The Cnty. OF Volusia v. Niles, 445 So. 2d 1043 (Fla. 5th DCA 1984)…ew denied, 434 So. 2d 887 (Fla.1983); Keller Industries, Inc. v. Morgart, 412 So. 2d 950 (Fla. 5th DCA 1982). Thus, a litigant may not urge error with respect to instructions given at his own request. See, e.g., Glabvo Dredging Contractors v. Brown, 374 So. 2d 607 (Fla. 3d DCA 1979); Young v. Taylor, 212 So. 2d 25 (Fla. 2d DCA 1968); North Shore Hospital, Inc. v. Luzi, 194 So. 2d 63 (Fla. 3d DCA 1967); Park v. Belford Trucking Co., 165 So. 2d 819 (Fla. 3d DCA 1964), cert. dismissed, 174 So. 2d 398 (Fla.1965).…
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Getelman v. Burton R. Levey, 481 So. 2d 1236 (Fla. 3d DCA 1985)…ince the erroneous instruction given was submitted by Mr. Getelman, he cannot claim error thereby. Bould v. Touchette, 349 So. 2d 1181 (Fla.1977); County of Volusia v. Niles, 445 So. 2d 1043 (Fla. 5th DCA 1984); Glabvo Dredging Contractors v. Brown, 374 So. 2d 607 (Fla. 3d DCA 1979); North Shore Hospital, Inc. v. Luzi, 194 So. 2d 63 (Fla. 3d DCA 1967). Next, Mr. Getelman contends the trial court erred in allowing in evidence appraisals of the subject property which were made prior and subsequent to the date…
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Schaffer v. Pulido, 492 So. 2d 1157 (Fla. 3d DCA 1986)…ces. Sears Roebuck & Co. v. Jackson, 433 So. 2d 1319, 1321-23 (Fla. 3d DCA 1983); Seaboard Coast Line Railroad v. Burdi, 427 So. 2d 1048, 1050 (Fla. 3d DCA), pet. for review dismissed, 431 So. 2d 988 (Fla.1983); Glabvo Dredging Contractors v. Brown, 374 So. 2d 607, 608 (Fla. 3d DCA 1979); Rose’s Stores, Inc. v. Mason, 338 So. 2d 1323, 1324 (Fla. 4th DCA 1976); see also Florida East Coast Railroad v. Rouse, 178 So. 2d 882, 884 (Fla. 3d DCA 1965), quashed on other grounds, 194 So. 2d 260 (Fla.1967) (on rehearin…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mobil Oil Corp. v. Higginbotham, 436 U.S. 618 (U.S. 1978)
- Helman v. Seaboard Coast Line R.R. Co. & William A. Cagle, 349 So. 2d 1187 (Fla. 1977)
- Bermil Corp. v. Sawyer, 353 So. 2d 579 (Fla. 3d DCA 1977)
- Warnie Lee IVY v. Sec. Barge Lines, Inc., 585 F.2d 732 (5th Cir. 1978)
- Donald R. Young with Will annexed of the Estate of Russell Wesley Young v. Taylor, 212 So. 2d 25 (Fla. 2d DCA 1968)