PHILLIP SHARLOW, ET AL., APPELLANTS,
v.
MARTIN I. FREED, M.D., APPELLEE
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PER CURIAM.
This is an appeal from a judgment in a personal injury case. Appellee concedes, and we find, that the jury verdict in this case failed to account for all of the damages suffered by Phillip Sharlow and Donna Sharlow, his wife. Therefore, we must reverse the judgment and remand this case for a new trial on damages. The question of liability was hotly contested and the inadequate verdict, coupled with the questions posed by the jurors during their deliberations, indicate that the jurors were confused about liability as well as about damages, and it is quite likely that they reached a compromise verdict on the issue of liability. Under these circumstances, justice requires a new trial on all issues. See Borges v. Jacobs, 483 So. 2d 773 (Fla.3d DCA 1986); Timmy Woods Beverly Hills, Ltd. v. Greenwald, 475 So. 2d 256 (Fla.3d DCA 1985); Gross v. Lee, 453 So. 2d 495 (Fla. 1st DCA 1984).
REVERSED and REMANDED.
UPCHURCH, C.J., and DAUKSCH and ORFINGER, JJ., concur.
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Citator
Cited By
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Continuum Condo. Ass'n, Inc. v. Continuum VI, Inc., 549 So. 2d 1125 (Fla. 3d DCA 1989)…exchange for the jury’s challenged finding of only $1.00 in damages. Accordingly, this matter is re [*1128] versed and remanded for a new trial on both liability and damages. See Griffis v. Hill, 230 So. 2d 143 (Fla.1969); see also Sharlow v. Freed, 501 So. 2d 621 (Fla. 5th DCA 1986). Reversed and remanded.…
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Madsen v. Leaman, 686 So. 2d 780 (Fla. 4th DCA 1997)…e jury on such an element of damage. This damage award, in combination with the contested liability issue and the series of questions posed during the jury’s deliberations causes us to conclude the jury compromised its verdict. See Sharlow v. Freed, 501 So. 2d 621 (Fla. 5th DCA 1986), rev. denied, 506 So. 2d 1041 (Fla.1987) (reversing for new trial on all issues where question of liability was hotly contested, inadequate verdict was returned, and questions posed by jurors during deliberations indicated the ju…
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Crawford v. Love Mobile Homes, Inc., 559 So. 2d 441 (Fla. 5th DCA 1990)…tantia] dispute, the inadequate damage award may very well represent a compromise verdict on all issues of liability. Fundamental fairness and justice mandate a new trial on all issues. Remsberg v. Mosley, 58 So. 2d 432 (Fla.1952); Sharlow v. Freed, 501 So. 2d 621 (Fla. 5th DCA 1986); review denied, 506 So. 2d 1041 (Fla.1987); Borges v. Jacobs, 483 So. 2d 773 (Fla. 3d DCA 1986); Timmy Woods Beverly Hills, Ltd. v. Greenwald, 475 So. 2d 256 (Fla. 3d DCA 1985). AFFIRMED in part, REVERSED in part, and REMANDED…
Authorities Cited
- Timmy Woods Beverly Hills, Ltd. v. Greenwald, 475 So. 2d 256 (Fla. 3d DCA 1985)
- 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)
- Gross v. LEE, 453 So. 2d 495 (Fla. 1st DCA 1984)