HAROLD H. WEISS, APPELLANT,
v.
HARRY GOLDMAN AND PAUL GOLDMAN, D/B/A GOLDMAN'S SERVICE STATION, AND ALEX LINGO, APPELLEES
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This case involves a personal injury lawsuit where the jury awarded the plaintiff damages that were less than their total out-of-pocket expenses. The plaintiff appealed the denial of their motion for a new trial, arguing the damages were inadequate.
No, the trial court did not err in denying the plaintiff's motion for a new trial. The appellate court affirmed the judgment based on prior case law.
“Plaintiff in a personal injury action has appealed from a judgment entered pursuant to a jury verdict finding defendant guilty of negligence and awarding damages in the amount of $795.55 plus costs.”
Describes the procedural posture and the jury's award.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued for personal injuries and the jury found the defendant negligent, awarding $795.55 plus costs. This amount was less than the plaint…
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Plaintiff in a personal injury action has appealed from á judgment entered pursuant to a jury verdict finding defendant guilty of negligence and awarding damages in the amount of $795.55 plus’ costs. This award was less than the plaintiff’s total out-of-pocket expenses. Motion for new trial, made by the plaintiff, was denied and *813judgment was entered pursuant to the jury’s verdict.
The sole point raised is whether the trial court erred in denying plaintiff’s motion for a new trial upon the contention damages awarded were inadequate because the jury failed to consider all the elements of damages involved.
Having heard oral argument and considered the record and briefs, we conclude the judgment appealed should be affirmed upon the authority of Chomont v. Ward, Fla.1958, 103 So.2d 635. See Glasser v. Leary, Fla.1953, 67 So.2d 683.
HORTON, C. J., PEARSON, J., and MILLEDGE, STANLEY, Associate Judge, concur.
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Dyes v. Spick, 606 So. 2d 700 (Fla. 1st DCA 1992)…nied, 529 So. 2d 694 (Fla.1988); White v. Martinez, 359 So. 2d 7 (Fla. 3d DCA 1978); White v. Bacon, 166 So. 2d 678 (Fla. 1st DCA 1964); Schmidt v. Tracey, 150 So. 2d 275 (Fla. 2d DCA 1963), cert. denied, 159 So. 2d 645 (Fla.1964); Weiss v. Goldman, 120 So. 2d 812 (Fla. 3d DCA 1960). These cases were all decided upon facts that occurred prior to the 1986 statutory enactments applied by this court today. None of these cases involved itemized verdicts, and it was, thus, impossible for the reviewing court to det…
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Goldstein v. Walters, 126 So. 2d 759 (Fla. 2d DCA 1961)…s pretrial deposition that two weeks loss of work prior to the operation was more accurate. There are other variations in Mr. Goldstein’s testimony but no purpose would be served to detail them herein. The court, in Weiss v. Goldman, Fla.App. 1960, 120 So. 2d 812, 813, was confronted with a contention similar to the one now under discussion. In the Weiss case, which was a personal injury action, the jury awarded plaintiff $795.55 plus costs, which was less than plaintiff’s out-of-pocket expenses. After the t…
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Ingle v. Grover C. Cochran, 151 So. 2d 63 (Fla. 1st DCA 1963)…gment appealed is accordingly affirmed. WIGGINTON, Acting C. J., RAWLS, J., and McLANE, Associate Judge, concur. . Bailey v. Sympson, Fla.App., 148 So. 2d 729. . Goldstein v. Walters, Fla.App.1961, 126 So. 2d 759; Weiss v. Goldman, Fla.App. 1960, 120 So. 2d 812; Chomont v. Ward, Fla.1958, 103 So. 2d 635.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chomont v. Ward, 103 So. 2d 635 (Fla. 1958)
- Glasser v. Leary, 67 So. 2d 683 (Fla. 1953)