PENSACOLA SANITARIUM, A CORPORATION, PLAINTIFF IN ERROR,
v.
JOSEPH D. WILKINS, DEFENDANT IN ERROR
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.
The Florida Supreme Court reversed a personal injury judgment against a sanitarium, finding that the admission of mortuary tables was improper and likely influenced an excessive verdict for a superficial burn.
The admission of mortuary tables was improper and likely influenced an excessive verdict. The verdict was not justified by the evidence.
“In the Circuit Court for Escambia county Wilkins recovered judgment for $1,250.00, with interest from date of suit, against the Pensacola Sanitarium, a corporation, for personal injuries to the plaintiff whose leg was burned by a hot water bottle left in plaintiffs bed while he was a patient in the sanitarium.”
Describes the initial judgment and the basis for the lawsuit.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJoseph D. Wilkins, a patient at Pensacola Sanitarium, was burned by a hot water bottle left in his bed. He sued the sanitarium for personal injuries a…
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.
Explore caselaw by topic → Browse Excessive Damages cases and more on FLexlaw
Per Curiam.
In the Circuit Court for Escambia county Wilkins recovered judgment for $1,250.00, with interest from date of suit, against the Pensacola Sanitarium, a corporation, for personal injuries to the plaintiff whose leg was burned by a hot water bottle left in plaintiffs bed while he was a patient in the sanitarium. On writ of error taken by the defendant corporation it is contended that errors in the proceedings were committed by the trial court, among them being the admission of mortuary tables in evidence and in not granting a new trial on the grounds that the verdict is excessive and not justified by the evidence.
The injury in this case was a superficial burn several inches long, or perhaps two inches wide, between the knee and the ankle. It is apparent from the testimony that the injury is not permanent or of a very serious nature, and the admission of the mortuary tables in evidence was well calculated under the circumstances to influence the jury in returning a verdict that is clearly excessive in amount. The judgment is reversed.
Whitfield, C. J., and Shackleford, Cockrell and Hocker, J. J., concur. Taylor, J., absent on account of illness, concurred in the opinion as prepared.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pensacola Sanitarium v. Wilkins, 68 Fla. 447 (Fla. 1914)…r bottle in the bed where he was a patient in the sanitarium, was reversed because of the admission of mortuary table followed by an apparently excessive verdict for an injury not shown to be permanent in its nature. Pensacola Sánitarium v. Wilkins, 64 Fla. 407, 60 South. Rep. 128. At a subsequent trial a verdict for $1,500.00 was rendered. As an alternative for a new trial awarded the amount of . the verdict was reduced by remittitur to $1,000.00 and the defendant took writ of error. As the damages were…
-
Atl. Coast Line R.R. Co. v. Lollie V. Alverson, 95 Fla. 73 (Fla. 1928)…ve as to warrant a conclusion that the jury were not governed by the evidence. In such a case the judgment will be reversed. See Railroad Company v. Brash, 73 Fla. 478, 503; Fla. Railroad Co. v. Gensler, 14 Fla. 122; Pensacola Sanitarium v. Wilkins, 64 Fla. 407, 60 So. 128; Jacksonville Electric Co. v. Dillon, 67 Fla. 114, 64 So. 669; Southern Utilities Co. v. Davis, 83 Fla. 366, 92 So. 683. Reversed. Ellis, C. J., and Whitfield, Terrell and Brown, J. J., concur. ,…