CONSOLIDATED CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION, APPELLANT,
v.
LEWIS A. TEAGE AND DELEANOR TEAGE, HIS WIFE, APPELLEES
CONSOLIDATED CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION, APPELLANT,
LEWIS A. TEAGE AND DELEANOR TEAGE, HIS WIFE, APPELLEES
424 So. 2d 67
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
MILLS, Judge.
The Consolidated City of Jacksonville appeals a judgment entered upon a jury verdict. We affirm.
Teague was awarded $18,000 for injuries done during his arrest by the City’s police officers.
We do not find that one witness’s use of the term “aggravation” in describing an old fracture which became symptomatic upon the arrest requires a new trial. The case was not tried upon a theory of aggravation nor was the jury instructed on aggravation.
The description by Teage of his treatment by the officers supports the jury’s finding of excessive use of force.
The amount of the verdict is clearly within the jury’s discretion considering the past and continuing medical bills and lost wages.
AFFIRMED.
ROBERT P. SMITH, Jr., C.J., and McCORD, J., concur.
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Seguine v. Seguine, 627 So. 2d 14 (Fla. 3d DCA 1993)…); City of Miami v. Swift, 481 So. 2d 26 (Fla. 3d DCA 1985) (false arrest), rev. denied, 491 So. 2d 278 (Fla.1986); City of West Palm Beach v. Whittemore, 453 So. 2d 507 (Fla. 4th DCA 1984) (false arrest); Consolidated City of Jacksonville v. Teage, 424 So. 2d 67 (Fla. 1st DCA 1982) (excessive force in effecting arrest); Metropolitan Dade County v. Brill, 414 So. 2d 626 (Fla. 3d DCA 1982) (excessive force in effecting arrest). . We do not, by today’s holding, preclude tort actions for brutality or unreasona…