PHYLLIS CAMERON, APPELLANT,
v.
MELTON L. SCONIERS AND ALLSTATE INSURANCE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this personal injury appeal, the Florida District Court of Appeal upheld a jury verdict of $1,500 in a rear-end collision case, rejecting the appellant's contention that the verdict was inadequate and that a new trial was warranted based on insufficient damages and alleged improper counsel remarks.
The trial court did not err in approving the jury verdict. A jury of reasonable persons could have returned the verdict based on the evidence, and the appellant failed to demonstrate inadequacy. Additionally, a new trial based on the counsel's remark was inappropriate because the trial court sustained the objection and instructed the jury to disregard it without further relief being requested.
[1] A jury verdict in a personal injury case will be upheld if a jury of reasonable persons could have returned that verdict.
[2] A trial court's approval of a jury verdict weighs heavily in favor of its adequacy.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the accepted test for determining the adequacy of a jury verdict is whether a jury of reasonable persons could have returned that verdict”
Establishes the legal standard for evaluating whether a jury verdict is adequate on appeal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Phyllis Cameron suffered a soft tissue injury to her neck and low back in a rear-end collision in July 1975. She also claimed female difficu…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Necessity of Medical Treatment cases and more on FLexlaw
ORFINGER, Judge.
Appellant contends that the trial court erred when it approved the jury verdict of $1,500.00 in a personal injury case, and that she is entitled to a new trial because of obvious insufficiency of the verdict.
The evidence reflects that appellant suffered a soft tissue injury to her neck and low back as a result of a rear end collision in July 1975. She contended also that cer tain female difficulties arose as a result of the collision. From the record before us, it appears that the evidence was in dispute as to the extent and seriousness of her injury. There is evidence upon which the jury could have found that the female problems were not related to the accident. There is also evidence upon which the jury could have found, as it did, that her injuries were not permanent.1
In a special verdict, the jury found that appellant’s medical bills as a result of the accident exceeded $1,000.00. There is a dispute however about the necessity of the treatment furnished to appellant by a Dr. Weaver. Prior to seeing Dr. Weaver, appellant had seen and been treated by a gynecologist, two orthopedic surgeons, and a neurologist. The medical bills filed in evidence for all these physicians plus the drug bills attributable to them total approximately $750.00. The record reflects that these physicians discharged the appellant from treatment with the advice that there were no objective findings they could correlate with her subjective symptoms. She was then treated by Dr. Weaver over a period of more than a year and his medical bill was $1,080.00. He prescribed drugs and medicines costing approximately $490.00. It was strenuously argued to the jury that none of Dr. Weaver’s bills were medically necessary, and that without his bills the appellant could not meet the threshold requirements. The jury had a right to conclude, based on the evidence before it, that some but not all of Dr. Weaver’s treatment was necessary because of the injuries.
Appellant relies on Hector v. Florida Farm Bureau Mutual Insurance Company, 364 So. 2d 1253 (Fla. 2d DCA 1978), as support for her position that a new trial on damages is warranted. In Hector, citing Griffis v. Hill, 230 So. 2d 143 (Fla.1970), the court said that the accepted test for determining the adequacy of a jury verdict is whether a jury of reasonable persons could have returned that verdict. Based on the record before us, and the approval of the verdict by the trial judge who heard all the evidence, the appellant has not demonstrated that a jury of reasonable persons could not have returned the verdict here.
Appellant also contends that a new trial is warranted because of an improper remark by defendant’s counsel in closing argument. The trial court sustained appellant’s objection to the remark, and complied with appellant’s request that the jury be instructed to disregard the comment. No other relief was requested. In this state of the record, a new trial based on the comment would be a “second bite at the apple” and inappropriate.
The final judgment based on the jury verdict is
AFFIRMED.
SHARP, J., and BAKER, JOSEPH, P., Associate Judge, concur. . On date of the accident, the threshold requirements of § 627.737(2), Florida Statutes (1975), included among other things medical bills in excess of $1,000.00 or a permanent injury as a condition to maintaining a tort action.
ORFINGER, Judge.
Appellant contends that we overlooked a stipulation between counsel to supplement the record which states that appellant’s counsel asked for a mistrial following the conclusion of closing argument by appellees’ counsel, and that the trial court denied it. We did not overlook it, because it was not included in the record on appeal. It is the appellant’s obligation to ensure the correct preparation and transmittal of the record on appeal. Fla.R.App.P. 9.200(e).
Without commenting on the timeliness of the motion made at the conclusion of the argument, we find no abuse of discretion in the denial thereof by the trial judge. We adhere to our original opinion and the Petition for Rehearing is
DENIED.
SHARP, J., and BAKER, JOSEPH P„ Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sears Roebuck & Co. v. Arlee Jackson and Mugge Rivers, 433 So. 2d 1319 (Fla. 3d DCA 1983)…ese remarks cannot be the basis for a new trial, absent, at least, a timely objection to the first remark, Bishop v. Watson, 367 So. 2d 1073 (Fla. 3d DCA 1979), and a timely motion for mistrial directed to the second remark, see Cameron v. Seoniers, 393 So. 2d 11 (Fla. 5th DCA 1980). See Seaboard Coast Line Railroad Company v. Burdi, 427 So. 2d 1048 (Fla. 3d DCA 1983) (order granting new trial based on assertedly improper jury instruction and argument reversed where no objection made at trial and where instr…
-
Walt Disney World Co. v. Althouse, 427 So. 2d 1135 (Fla. 5th DCA 1983)….A. Jones Construction Company, 223 So. 2d 332 (Fla. 3d DCA 1969), cert. denied, 229 So. 2d 868 (Fla. 1969). REVERSED. DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur. . Robbins v. Graham, 404 So. 2d 769 (Fla. 4th DCA 1981); Cameron v. Sconiers, 393 So. 2d 11 (Fla. 5th DCA 1980); Nadler v. Home Ins. Co., 339 So. 2d 280 (Fla. 3d DCA 1976).…
-
Veronica L. Robinson and Stephanie v. Robinson, 828 So. 2d 478 (Fla. 2d DCA 2002)…cci did not suffer a permanent injury as a result of the accident and that his damages resulting from the accident were only $10,000 were supported by the evidence, and they were not inconsistent with the Dungan instruction. See Cameron v. Sconiers, 393 So. 2d 11 (Fla. 5th DCA 1980). The jury is entitled to reject evidence of past medical expenses. Frei v. Alger, 655 So. 2d 1215, 1216 (Fla. 4th DCA 1995). Where there is a dispute as to whether a plaintiffs injuries resulted from the accident, a verdict award…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffis v. Hill, 230 So. 2d 143 (Fla. 1969)
- Spriggs v. State, 364 So. 2d 1253 (Fla. 2d DCA 1978)