SORG
v.
ROYAL
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The court held that a jury verdict awarding damages that is demonstrably less than the plaintiff's proven actual losses is inadequate and warrants a new trial on damages.
[1] A jury verdict for damages that is grossly disproportionate to the preponderance of evidence regarding actual economic losses and injuries may be set aside as unreasonabl…
Previewing 1 of 1 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“The law will not permit the whims and caprice of a jury, when considering factual questions, to prevail over a preponderance of the evidence as shown by the record.”
Court's statement of the legal standard for reviewing allegedly inadequate verdicts.
Plaintiff, a police officer, suffered permanent injuries due to defendant's admitted negligence. His actual losses, including lost wages and medical e…
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Action by Michael M. Sorg against D.E. Royal for injuries sustained as a result of defendant's negligence. From a judgment entered on allegedly inadequate verdict in his favor, plaintiff appeals.
Judgment reversed for new trial upon question of damages. On this appeal the contention is made that the jury's verdict for the plaintiff-appellant in the sum of $1,500.00 is inadequate to compensate him for permanent injuries, expenses, loss of earnings and bodily pain and suffering. The plaintiff-appellant is shown to have been a police officer when injured, earning $195.00 per month, had good health and had served as a police officer for ten years and was 70 years of age. As a result of defendant-appellant's negligence, admitted on the record, the appellant was permanently injured and lost thirteen months' time as a police officer, totalling $2,535.00. Costs of hospitalization and physician's treatment amounted to $986.17, thus the actual losses sustained as a result of the injury amounted to $3,441.17. The jury, for reasons not reflected by the record, by its verdict fixed the losses in the sum of $1,500.00. The law will not permit the whims and caprice of a jury, when considering factual questions, to prevail over a preponderance of the evidence as shown by the record. See Allen v. Powell,152 Fla. 443, 12 So. 2d 378.
Reversed for a new trial upon the sole question of the amount of damages. *Page 318
TERRELL, THOMAS, BARNS and HOBSON, JJ., concur. ADAMS, C.J., and SEBRING, J., dissent.
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Duquette v. Ira Eugene Hindman, Jr., 152 So. 2d 789 (Fla. 1st DCA 1963)…dict was induced by prejudice or passion, it is obviously in such an amount that the jury must have labored under a misconception of the law or the evidence, or that they did not consider all the elements of damage involved. Sorg v. Royal, Fla.1949, 41 So. 2d 317.” More recently, in Holland v. Hall, 145 So. 2d 552 (Fla.App.1962), this court reversed a judgment based on a jury award of $1,088.95 in an action under the Death by Wrongful Act Statute. In that case the agreed amount of the funeral expenses was $…
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Utley v. S. Metal Prods. Co., Inc., 116 So. 2d 28 (Fla. 2d DCA 1959)…ict was induced by prejudice or passion, it is obviously in- such an amount that the jury must have labored under a misconception of the law or the evidence, or that they did not consider all the elements of damage involved. Sorg v. Royal, Fla.1949, 41 So. 2d 317. While the plaintiff argues that this case should be sent back on the question of damages alone, we think that the ends of justice will be best served by reversing this case and sending the same back to be tried on the question of liability and the…
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Lizzie Mae White v. McKinley William Bacon, 166 So. 2d 678 (Fla. 1st DCA 1964)…s not been clearly established that reasonable men could not have found the verdict rendered. We have examined the authorities c:ted by the appellants in which the trial court has been reversed because of inadequacy of damages. Sorg v. Royal, Fla., 41 So. 2d 317; Scott v. Andrews, Fla.App., 140 So. 2d 128 (one dissent); Holland v. Hale, Fla.App., 145 So. 2d 552; Duquette v. Hindman, 152 So. 2d 789; Smith v. City of Miami, Fla.App., 153 So. 2d 62; Hatchell v. Hayes, 157 So. 2d 855. We have also examined the…
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- Allen v. Powell, 152 Fla. 443 (Fla. 1943)