F. W. WOOLWORTH COMPANY, A CORPORATION, AND CHARLES H. JOHNSON, PLAINTIFFS IN ERROR,
v.
MARY N. MCCLOUD, A FREE DEALER, DEFENDANT IN ERROR
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The Florida Supreme Court reviewed a judgment against two defendants for $17,500. The court agreed the damages were excessive and offered the plaintiff a choice: either remit $5,000 from the judgment or face a new trial.
The court found that while there was disagreement on whether the liability was joint, all justices agreed that the damages awarded were excessive. The judgment was affirmed if the plaintiff agreed to a reduced amount, otherwise, it was reversed for a new trial.
“Upon consideration of the record Mr. Chief Justice Terrell, Mr. Justice Whitfield [*591] and Mr. Justice Buford are of the opinion that on the particular facts shown the liability is joint, while Mr. Justice Ellis, Mr. Justice Brown and Circuit Judge Johnson, sitting in lieu of Mr. Justice Strum, disqualified, are of the opinion that the liability is not joint.”
This quote highlights the divided opinion among the justices regarding the nature of the defendants' liability.
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Join FLexlaw to unlock all legal intelligenceA judgment was rendered against the defendants, F. W. Woolworth Company and Charles H. Johnson, as joint tortfeasors, for $17,500.00 in damages. The c…
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Per Curiam
A judgment was rendered herein against the defendants below, plaintiffs in error here, for $17,500.00 damages, as joint tore feasors. Upon consideration of the record Mr. Chief Justice Terrell, Mr. Justice Whitfield and Mr. Justice Buford are of the opinion that on the particular facts shown the liability is joint, while Mr. Justice Ellis, Mr. Justice Brown and Circuit Judge Johnson, sitting in lieu of Mr. Justice Strum, disqualified, are of the opinion that the liability is not joint. All agree that the damages awarded are excessive. It is therefore considered, ordered and adjudged that if the plaintiff below shall remit $5,000.00 the judgment shall stand affirmed for $12,500.00, otherwise the judgment will stand reversed for a new trial. It is so ordered.
Terrell, C. J., and Whitfield, Ellis, Brown and Buford, J. J., and Johnson, Circuit Judge, concur. Strum, J., disqualified.