STEPHEN J. GROSS, APPELLANT,
v.
JOHN LEE AND AMERICAN STATES INSURANCE COMPANY, APPELLEES
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BARFIELD, Judge.
This case is before the court on appel-lees’ motion for rehearing. The motion is granted. The opinion previously filed on May 30, 1984 is withdrawn.
Stephen J. Gross appeals from a final judgment awarding him 17 percent of six dollars in damages following the verdict of the jury. We hold that the trial court erred in refusing to grant a new trial because of inadequate damages. Radiant Oil Co. v. Herring, 146 Fla. 154, 200 So. 376 (1941). The pain medication purchased by Gross was more than eleven times the amount of the jury award. The month’s stay in the hospital coupled with attendant medical care satisfy the court that the jury verdict is grossly inadequate. The record creates a strong suspicion that the inadequate damage award resulted from a lack of conviction by the jurors in their liability finding. Duquette v. Hindman, 152 So. 2d 789 (Fla.1st DCA 1963). The judgment of the trial court is REVERSED and a new trial on liability and damages is directed.
THOMPSON and NIMMONS, JJ., concur.
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Timmy Woods Beverly Hills, Ltd. v. Greenwald, 475 So. 2d 256 (Fla. 3d DCA 1985)…1). In such a case, while the damage award is to the complaining party’s advantage, the finding of liability which produces such an award is shrouded with doubt. Justice requires that a finding of liability be free from such doubt. See Gross v. Lee, 453 So. 2d 495 (Fla. 1st DCA 1984) (on motion for rehearing) (reversing for a new trial on liability and damages where the “record creates a strong suspicion that the inadequate damage award resulted from a lack of conviction by the jurors in their liability findi…
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Amparo Borges v. Jerome F. Jacobs, D.P.M. & Jerome F. Jacobs, D.P.M., P.A., 483 So. 2d 773 (Fla. 3d DCA 1986)…eturned an award of damages less than the plaintiff’s undisputed medical expenses reasonably and necessarily incurred as a result of the defendants’ negligence, the verdict is inadequate as a matter of law, and a new trial is required. Gross v. Lee, 453 So. 2d 495 (Fla. [*774] 1st DCA 1984); Grier v. Reed, 426 So. 2d 1132 (Fla. 1st DCA 1983); Hector v. Florida Farm Bureau Mutual Insurance Co., 364 So. 2d 1253 (Fla. 2d DCA 1978); McNash v. Oxenhandler, 288 So. 2d 304 (Fla. 4th DCA 1974); Meana v. St. Petersbur…1 / 2
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Ochlockonee Banks Rest. v. Colvin, 700 So. 2d 1229 (Fla. 1st DCA 1997)…required on all issues if the jury returns a verdict covering medical expenses only. In Harrison, the court focused on the disputed evidence concerning causation in determining that liability was not unequivocally established. See also Gross v. Lee, 453 So. 2d 495 (Fla. 1st DCA 1984). We determine that the instant ease is controlled by the Harrison decision. While there is no finding of comparative negligence in the instant case, we do not find that issue to be dispositive concerning whether liability was un…
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- Radiant Oil Co. v. Herring, 146 Fla. 154 (Fla. 1941)
- Duquette v. Ira Eugene Hindman, Jr., 152 So. 2d 789 (Fla. 1st DCA 1963)