MIAMI DAIRY FARMS, INC.,
v.
CALVIN W. TINSLEY
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 affirmed a trial court's order granting a new trial due to inadequate damages awarded by a jury in a wrongful death action.
Yes, the damages awarded were inadequate, justifying the trial court's decision to grant a new trial.
“In an action brought under Section 7049 (4962), C. G. L., by the father against Miami Dairy Farms, Inc., for the wrongful death of his minor son, aged ten years', damages were claimed for loss of the son’s services to the father and for mental pain and suffering of the two parents.”
Describes the nature of the lawsuit and the damages sought.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA father sued Miami Dairy Farms, Inc. for the wrongful death of his ten-year-old son, seeking damages for loss of services and parental mental pain an…
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 Inadequate Damages cases and more on FLexlaw
In an action brought under Section 7049 (4962), C. G. L., by the father against Miami Dairy Farms, Inc., for the wrongful death of his minor son, aged ten years', damages were claimed for loss of the son’s services to the father and for mental pain and suffering of the two parents. The jury returned a verdict for $1,000.00 damages.
On motion of the plaintiff father,- the court granted a new trial on the ground that the damages awarded in the verdict were inadequate. The defendant took writ of error under the statute, Sec. 4615 (2905), C. G. L.
*165The order granting a new trial is affirmed on the authority of DeVane v. Bauman, 82 Fla. 346, 90 So. 192, which was cited by the trial judge in his order. See also Miami Dairy Farms, Inc., v. Tinsley as Administrator, filed this day.
The amount of the recovery should be reasonable recompense for parental mental pain and suffering and the value at the date of the trial of fair compensation for services which in reasonable probability the child would have rendered to the parents during the period from the wrongful death to the date when the child would have become twenty-one years of age.
Affirmed.
Brown and Buford, J. J., concur.
Davis, C. J., and Terrell, J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Winner v. Sharp, 43 So. 2d 634 (Fla. 1949)…ons along the highway. Any one who in driving the highway kills a child without knowledge of what he has done is driving too fast. The concluding question challenges the judgment on the ground that it is excessive. In Miami Dairy Farms v. Tinsley, 115 Fla. 164, 155 So. 852, this Court held that recovery in a case like this should be reasonable recompense for parental pain and suffering, including fair compensation for services that might reasonably be expected the child would render the parents from the d…
-
The City of Winter Haven v. A. M. Klemm & Son, 132 Fla. 334 (Fla. 1938)…authority to incorporate non-contiguous land, and no statute has incorporated or authorized the incorporation of non-contiguous lands by the inhabitants, or otherwise, as may be in accord with organic law. State v. Rodes, 115 Fla. 259, 151 So. 289, 155 So. 852. The doctrines of de jure and of de facto municipal jurisdiction and powers, and of de jure and de facto officers and of de jure and de facto corporations existed in this State when the present Constitution of Florida was adopted. [*375] Such doctr…
-
Gresham v. Courson, 177 So. 2d 33 (Fla. 1st DCA 1965)…troduced from which the value of such services could be computed with mathematical certainty. Such a holding is [*41] contrary to the rule followed by the Supreme Court of Florida in Winner v. Sharp,1 when it said: “In Miami Dairy Farms v. Tinsley, 115 Fla. 164, 155 So. 852, this Court held that recovery in a case like this should he reasonable recompense for parental pain and suffering, including fair compensation for services that might reasonably be expected the child would render the parents from the d…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DeVane v. Bauman, 82 Fla. 346 (Fla. 1921)