CITY OF JACKSONVILLE, APPELLANT,
v.
DAVID G. BAKER, ETC., ET AL., APPELLEES

Fla. 1st DCA | 1984-09-26
No. AX-116
SHIVERS and ZEHMER, JJ., concur.
456 So. 2d 1274 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 8 cases

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.


Holding

The court held that the trial court did not abuse its discretion in granting a new trial on damages only, as the jury's award was inadequate under the statute.


Headnotes

[1] A jury's determination of proximate cause is a question of fact that should be resolved by the jury and not by the court in a directed verdict, absent specific circumstan…

[2] A trial court does not err in refusing to grant a motion for a new trial when the jury's verdict is supported by the evidence.

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

Facts & Procedural History

Plaintiff was severely injured in a motorcycle accident allegedly caused by the City's failure to replace a missing stop sign. The jury awarded $400,0…

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.


Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

The City of Jacksonville (City) appeals a jury verdict in favor of the plaintiff Baker in a negligence action and from the trial court’s order granting new trial as to damages only. The City asserts: 1) that the City’s motion for directed verdict should have been granted, 2) that the City’s motion for a new trial should have been granted, and 3) that the trial court erred in granting new trial as to damages only. We affirm.

Baker was severely and permanently injured in an intersectional collision between an automobile and the motorcycle upon which he was riding as a passenger. Baker alleged in his complaint that his injuries were the result of the City’s negligence in failing to replace a stop sign which it had previously erected at the intersection, but which was not in place on the date of the accident. There was evidence that the stop sign had been missing from the intersection for a month or more, that the City knew or should have known that the sign was missing, and that it’s absence created a dangerous condition at the intersection.

The City’s defense was that the intervening negligence of the operator of the motorcycle was the sole proximate cause of the accident. Under the circumstances of this case the issue of proximate cause was properly left for the jury to resolve and the court did not err in refusing to direct a verdict for the City. Nor did the court err in refusing to grant the City’s motion for new trial.

Baker, who was only 20 years old at the time of trial, will be confined to a wheelchair for the rest of his life and the severe brain damage he sustained in the accident has left him incapable of performing even the most basic tasks for himself. His expert economist testified that his damages for lost wages alone will exceed $500,000. Baker obviously experienced great pain and suffering during the 11 months he spent in various hospitals and it is clear that he sustained an almost total loss of capacity for enjoyment of life. The jurors deliberated for over five hours, during which time they requested and received a re-reading of the jury instructions. They then returned a verdict for appellee in the amount of $400,000. Baker moved for an additur or, alternatively, new trial on damages, and the motion was granted. The City’s rejection of the additur resulted in the issuance of the order granting new trial on the issue of damages only.

In the order granting a new trial as to damages, the trial judge expressly considered each of the criteria set out in § 768.043, Fla.Stat., for determining excessiveness or inadequacy of a verdict. Her determination that the damage award in this case was inadequate was well supported by the facts and circumstances referred to in her order and her determination that the jury’s award was inadequate cannot be said to have been an abuse of discretion. Section 768.043, Fla.Stat. authorizes trial courts to order a remittitur or additur in automobile accident cases and provides, in pertinent part:

(1) In any action for the recovery of damages based on personal injury ... arising out of the operation of a motor vehicle ..., wherein the trier of fact determines that liability exists on the part of the defendant and a verdict is rendered which awards money damages to the plaintiff, it shall be the responsibility of the court, upon proper motion, to review the amount of such award to determine if such amount is clearly excessive or inadequate in light of the facts and circumstances which were presented to the trier of fact. If the court finds that the amount awarded is clearly excessive or inadequate, it shall order a remittitur or additur.... If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.

There are many cases in which the interest of justice requires that an order granting a new trial because of inadequate damages provide for retrial of the issue of liability as well as the issue of damages. See Gross v. Lee, 453 So. 2d 495 (Fla. 1st DCA 1984); 1661 Corporation v. Snyder, 267 So. 2d 362 (Fla. 1st DCA 1972); Duquette v. Hindman, 152 So. 2d 789 (Fla. 1st DCA 1963). However, in this case this question is controlled by § 768.043, Fla. Stat. The language in the statute is mandatory and requires “[i]f the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.” (emphasis supplied).

AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • DeLONG v. The Wickes Co., 545 So. 2d 362 (Fla. 2d DCA 1989)
    …ances of this case, we believe the trial court acted appropriately when it ordered a $2,000 additur for Mr. DeLong in lieu of a new trial. See § 768.043(1), Fla.Stat. (1987); Adams v. Wright, 403 So. 2d 391 (Fla.1981); City of Jacksonville v. Baker, 456 So. 2d 1274 (Fla. 1st DCA 1984), review denied, 464 So. 2d 554 (Fla.1985). The trial court was under no obligation to grant a new trial on the consortium issue since appellees, the party adversely affected by the additur, accepted the additur. See § 768.043(1),…
  • Jarvis v. Tenet Health Sys. Hosp., Inc., 743 So. 2d 1218 (Fla. 4th DCA 1999)
    …sonal injury or wrongful death arising out of the operation of a motor vehicle, but is otherwise virtually identical to section 768.74. The First District Court of Appeal addressed the application of section 768.043 in City of Jacksonville v. Baker, 456 So. 2d 1274 (Fla. 1st DCA 1984). In Baker, the jury returned a verdict for the plaintiff, Baker, in the amount of $400,-000.00. The plaintiff moved for an additur or, alternatively, a new trial on damages and the motion for an additur was granted. The defendant…
  • …e, the trial court must order a new trial. See § 768.043(1), Fla. Stat. (1997); Jarvis v. Tenet Health Systems Hosp., Inc., 743 So. 2d 1218 (Fla. 4th DCA 1999); Food Lion v. Jackson, 712 So. 2d 800 (Fla. 5th DCA 1998); City of Jacksonville v. Baker, 456 So. 2d 1274 (Fla. 1st DCA .1984), review denied, 464 So. 2d 554 (Fla.1985). My views in this regard, are summarized and far better expressed in the recent concurring opinion of Judge Hazouri in Jarvis v. Tenet Health Systems Hosp., Inc., 743 So. 2d at 1220 (H…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw