MIAMI TRANSIT COMPANY, A FLORIDA CORPORATION, PLAINTIFF IN ERROR,
v.
R. E. ROSS, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a personal injury judgment on the condition that the plaintiff accept a reduced award, finding the original damages excessive. If the plaintiff does not agree to the reduction, the case will be reversed for a new trial.
The court held that the damages awarded were excessive. The judgment will be affirmed if the plaintiff agrees to a remittitur of $1500.00, reducing the award to $2923.68. Otherwise, the judgment will be reversed.
“The record has been duly considered and negligence of the defendant as alleged being shown but the damages' awarded being excessive a remittitur may be permitted.”
Establishes the court's finding of excessive damages and the potential remedy.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Miami Transit Company, was awarded $4423.68 in a personal and property injury lawsuit stemming from a collision with a motor bus. The d…
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This writ of error was taken to a judgment for $4423.68 damages to the plaintiff in an action for personal and property injuries in a collision between an automobile and a motor bus. The record has been duly considered and negligence of the defendant as alleged being shown but the damages' awarded being excessive a remittitur may be permitted. Ryan v. Noble, 95 Fla. 830, 115 So. 766; Luce v. Lee, 79 Fla. 693, 84 So. *299726; Florida Railway and Navigation Co. v. Webster, 25 Fla. 394, 5 So. 714. Tbe court, without a detailed discussion of the errors assigned, hereby orders1 that upon remittitur of $1500.00 being entered as of the date of the judgment, within ten days after the filing of the mandate in the trial court, the judgment will stand affirmed for the remainder $2923.68, otherwise the judgment will stand reversed for a new trial.
It is so ordered.
Whitfield, P. J., and Terrell and Davis, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Aaxico Seminole, Inc. v. Zambrana Airmotive Corp., 213 So. 2d 895 (Fla. 3d DCA 1968)…will stand reversed for a new trial. If such remittitur is entered, the judgment as modified will stand affirmed. Ryan v. Noble, 95 Fla. 830, 116 So. 766; B.L.E. Realty Corporation v. Parker, 102 Fla. 298, 135 So. 811; Miami Transit Company v. Ross, 106 Fla. 298, 143 So. 234; Renuart Lumber Yards v. Levine, Fla.1950, 49 So. 2d 97; § 59.34, Fla.Stat., F.S.A.; 2 Fla.Jur., Appeals, §§ 352, 353. Affirmed as modified, with directions.…
Authorities Cited
- Ryan v. Roscoe Noble, 95 Fla. 830 (Fla. 1928)
- Fla. Ry. & Navigation Co. v. Webster, 25 Fla. 394 (Fla. 1889)
- Luce v. Lee, 79 Fla. 693 (Fla. 1920)