J. M. FIELDS, INC., D/B/A J. M. FIELDS, A FLORIDA CORPORATION, APPELLANT,
v.
SHIRLEY SMUCKLER, ETC., ET AL., APPELLEES
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The court affirmed the trial judgment, holding that the trial court properly submitted the issues of proximate cause, compensatory damages, and punitive damages to the jury, and properly denied the defendant's motions for directed verdict, new trial, and set-off.
The trial court did not err in denying the appellant's motions for directed verdict and new trial, in submitting punitive damages to the jury, or in denying a set-off, as proximate cause and damages were jury questions supported by sufficient evidence.
[1] Proximate cause is a jury question when the record presents conflicting evidence or reasonable inferences regarding causation.
[2] Punitive damages may be submitted to the jury when the record supports a claim for punitive damages.
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Join FLexlaw to unlock all legal intelligenceJ. M. Fields, Inc. was sued by Shirley Smuckler and others in a case involving issues of proximate cause and damages.…
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PER CURIAM.
The final judgment under review is affirmed upon a holding that: (a) the trial court did not err in denying the appellant’s motion for directed verdict in this cause as the issue of proximate cause was, on this record, properly one for the jury to decide, Vining v. Avis Rent-A-Car Systems, Inc., 354 So. 2d 54, 55-56 (Fla.1977); Nicholas v. Miami Burglar Alarm Co. Inc., 339 So. 2d 175 (Fla.1976); Holley v. Mt. Zion Terrace Apartments, Inc., 382 So. 2d 98 (Fla.3d DCA 1980); Angell v.
F. Avanzini Lumber Co., 363 So. 2d 571 (Fla.2d DCA 1978); Tamiami Gun Shop v. Klein, 109 So. 2d 189 (Fla. 3rd DCA 1959); 18 U.S.C.A. § 922(b)(1) (1976); see Huddleston v. United States, 415 U.S. 814, 824, 94 S.Ct. 1262, 1268, 39 L.Ed.2d 782 (1974); Hetherton v. Sears, Roebuck & Co., 593 F. 2d 526 (3rd Cir. 1979); Underwood v. United States, 356 F. 2d 92 (5th Cir. 1966); Franco v. Bunyard, 261 Ark. 144, 547 S.W. 2d 91 (1977); (b) the trial court did not err in denying appellant’s motion for a new trial as there was, on this record, sufficient evidence to sustain the jury’s compensatory damage award, Savarese v. Hill, 128 So. 2d 775, 776, n.4 (Fla.3d DCA 1961); (c) the trial court did not err in declining to strike the claim for punitive damages, as, in this record, the claim was properly submitted to the jury, Doral Country Club, Inc. v. Lind-gren Plumbing Co., 175 So. 2d 570, 571 (Fla.3d DCA 1965); and, (d) the trial court did not err in denying the appellant’s motion for a set-off, as, on this record, no right to a set-off existed. Devlin v. McMannis, 231 So. 2d 194 (Fla.1970).
Affirmed.
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K-Mart Enters. OF Fla., Inc. v. Keller, 439 So. 2d 283 (Fla. 3d DCA 1983)…nal misuse of a firearm does not insulate the seller from liability arising out of a violation of similar provisions of the Gun Control Act. Decker v. Gibson Products Co. of Albany, Inc., supra; Franco v. Bunyard, supra; J.M. Fields Co. v. Smuckler, 385 So. 2d 124 (Fla. 3d DCA 1980) (per curiam); see also, Hetherton v. Sears, Roebuck & Co., supra; Sosa v. Coleman, 646 F. 2d 991 (5th Cir.1981); contra, Robinson v. Howard Brothers of Jackson, Inc., 372 So. 2d 1074 (Miss.1979). We follow these decisions in this…
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Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Huddleston v. United States, 415 U.S. 814 (U.S. 1974)
- Vining v. AVIS Rent-A-Car Sys., Inc., 354 So. 2d 54 (Fla. 1977)
- Maybell Holley v. MT. Zion Terrace Apts., Inc., 382 So. 2d 98 (Fla. 3d DCA 1980)
- Nicholas v. Miami Burglar Alarm Co., Inc., 339 So. 2d 175 (Fla. 1976)
- Doral Country Club, Inc. v. Lindgren Plumbing Co., Inc., 175 So. 2d 570 (Fla. 3d DCA 1965)
- Underwood v. United States, 356 F.2d 92 (5th Cir. 1966)
- Devlin v. McMANNIS, 231 So. 2d 194 (Fla. 1970)
- Tamiami GUN Shop v. Klein, 109 So. 2d 189 (Fla. 3d DCA 1959)
- Angell v. F. Avanzini Lumber Co., 363 So. 2d 571 (Fla. 2d DCA 1978)
- Savarese v. Hill, 128 So. 2d 775 (Fla. 3d DCA 1961)