GEORGE WALLACE WILLIAMS, APPELLANT,
v.
JOHN D. RAGSDALE, APPELLEE

Fla. 2d DCA | 1986-12-30
No. 86-166
SCHEB, A.C.J., and LEHAN, J., concur.
500 So. 2d 314 Florida District Court of Appeal, Second District (1986) Positive Treatment
Cited by 4 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.

Synopsis

Williams, a cab driver, was found liable for assault and battery against Ragsdale after an altercation outside a Waffle House. The jury returned a verdict for exactly the amount of Ragsdale's medical bills despite evidence of additional damages. The appellate court reversed the trial court's order limiting the new trial to damages only, holding that a new trial on both liability and damages was required due to suspicion of jury compromise.


Holding

The trial court abused its discretion. When a damage verdict is grossly inadequate and suggests jury compromise on liability, a new trial must be granted on both liability and damages, not damages alone.


Headnotes

[1] A new trial on damages alone is proper only when liability is unequivocally established and not a matter of substantial dispute, and the inadequate verdict results from a…

[2] A jury's award of only medical expenses, when evidence of other damages exists, may indicate a compromise on liability and damages, warranting a new trial on both issues.

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Key Quotes

“To grant a new trial on the damages issue alone, defendant's liability must be unequivocally established and not a matter of substantial dispute at trial and the inadequacy of the verdict must be the result of a misconception of the law or the failure of the jury to consider all of the elements of damages submitted, and not the result of a jury compromise on the liability issue.”

Establishes the legal standard for when a trial court may limit a new trial to damages only

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Facts & Procedural History

On December 4, 1982, Williams' cab partially blocked the Waffle House driveway, forcing Whitlock (with passenger Ragsdale) to drive around it. An alte…

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

George Wallace Williams appeals from a court order granting a new trial on the issue of damages only. We reverse and remand for a new trial on both liability and damages.

In the early morning hours of December 4, 1982, appellant Williams, a cab driver, was picking up a fare outside the Waffle House. His cab partially blocked the driveway to the Waffle House. Clarence Whit-lock, with appellee John Ragsdale as his passenger, was forced to drive around appellant’s cab to enter the Waffle House parking lot. An altercation resulted.

After parking, Whitlock approached appellant who remained near his cab. Whit-lock pretended to have a weapon. Appellant radioed for police assistance. Appel-lee, believing that Whitlock was in trouble, ran from the Waffle House to Whitlock’s side. Appellant, appellee and Whitlock disappeared behind a van. Appellee emerged with a stab wound. Appellee sued appellant for assault and battery. Appellee sued appellant’s employer, Yellow Cab Company, for appellant’s negligent hiring and retention. Appellant’s assault and battery case was severed. Appellant’s theory at trial was self-defense. The jury found appellant liable and returned a verdict of $31,193.00, the exact amount of appellee’s undisputed medical bills.

Appellee moved for a new trial on damages; appellant moved for a new trial on liability. Finding the damage award to be inadequate, the trial court limited the new trial to the damages issue and denied appellant’s motion for a new trial on the liability issue.

To grant a new trial on the damages issue alone, defendant’s liability must be unequivocally established and not a matter of substantial dispute at trial and the inadequacy of the verdict must be the result of a misconception of the law or the failure of the jury to consider all of the elements of damages submitted, and not the result of a jury compromise on the liability issue. The 1661 Corporation v. Snyder, 267 So. 2d 362 (Fla. 1st DCA 1972). As was stated in Duquette v. Hindman, 152 So. 2d 789 (Fla. 1st DCA 1963):

In reviewing those cases which are reversed on the ground that damages awarded are grossly inadequate, it is usually found that the facts on which liability is predicated are such that it is not difficult to presume that the jury most likely determined that it was skating on thin ice, to put it mildly, in finding for the plaintiff, and the suspicion persists that such lack of conviction is compensated for by passing out a few crumbs rather than the whole loaf to the plaintiff. These considerations, though nebulous, indicate that upon reversal of such judgments, the ends of justice under the law will best be served by award ing a new trial on the question of liability as well as damages.

Id. at 791.

The instant case is similar to Rodriguez v. Allgreen Corp., 242 So. 2d 741 (Fla. 4th DCA 1971). In Rodriguez, the jury returned a verdict for the plaintiff in approximately the sum of his medical bills. The plaintiff, however, suffered damages greatly in excess of the sum allowed. The jury, shortly before rendition of the verdict for medical expenses only, asked, “Can we compensate the plaintiff for the medical expense only?” The Rodriguez court held that that question coupled with the jury’s return of a verdict for the plaintiff’s medical expenses only substantiated the court’s suspicion that the verdict was the result of jury compromise on the issues of liability and damages. The Rodríguez court reversed and ordered a new trial on both the issue of liability and the issue of damages.

In the instant case, whether the gross inadequacy of the verdict resulted from jury compromise on the liability issue is a matter of speculation. The jury, after reviewing the police officer’s testimony on the issue of liability only, awarded just medical expenses. At trial, however, evidence was introduced that appellee suffered injuries in addition to his medical expenses.

We hold that the trial court abused its discretion in ordering a new trial solely on the issue of damages. We reverse and remand for a new trial on both the issues of liability and damages.

Reversed and remanded for proceedings consistent herewith.

SCHEB, A.C.J., and LEHAN, J., concur.


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Citator

Cited By

  • Cowen v. Thornton, 621 So. 2d 684 (Fla. 2d DCA 1993)
    …’s damages. Based upon this evidence and the jury verdict, we are compelled to grant a new trial for Cowen. Because the liability issue was vigorously contested, the new trial must be on the issues of liability and damages. See Williams v. Ragsdale, 500 So. 2d 314 (Fla. 2d DCA 1986) (a defendant’s liability must not be in substantial dispute in order to grant a new trial on damages only), review denied, 506 So. 2d 1042 (Fla.1987). Thornton argues that Cowen failed to preserve this error because Cowen did not…
  • EEN v. Rice, 637 So. 2d 331 (Fla. 2d DCA 1994)
    …and the inadequacy of the verdict must be the result of a misconception of the law or the failure of the jury to consider all of the elements of damages submitted, and not the result of a jury compromise on the liability issue. Williams v. Ragsdale, 500 So. 2d 314 (Fla. 2d DCA 1986), rev. denied, 506 So. 2d 1042 (Fla.1987). Since the issue of liability in this case was hotly contested, as shown by the jury’s verdict finding the appellant sixty per cent negligent and the appellee forty per cent negligent, the…

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