JULIAN EUGENE KENNEDY, APPELLANT,
v.
PLANT CITY, FLORIDA, AND AL GODWIN, APPELLEES
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The appellate court affirmed the trial court's decision to grant a new trial after a jury awarded the plaintiff both compensatory and punitive damages. The appellate court found no abuse of discretion by the trial judge.
No, the trial judge did not abuse his discretion in granting a new trial.
“The lower court awarded a new trial upon the grounds that the verdict was against the manifest weight of the evidence and the punitive damages award was so grossly excessive as to shock the judicial conscience.”
Describes the grounds for the lower court's decision to grant a new trial.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Julian Kennedy, obtained a jury verdict awarding him $300 in compensatory damages and $5,000 in punitive damages against Plant City and…
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Appellant, plaintiff below, appeals an order granting a new trial after he had secured a jury verdict in the court below. Upon trial, the jury awarded the appellant a verdict of $300 compensatory and $5000.00 punitive damages. The lower court awarded a new trial upon the grounds that the verdict was against the manifest weight of the evidence and the punitive damages *557award was so grossly excessive as to shock the judicial conscience.
We are of the opinion that the trial judge did not abuse his discretion in granting a new trial. See Cloud v. Fallis, Fla.App. 1958, 107 So.2d 264; Cloud v. Fallis, Fla. 1959, 110 So.2d 669; and Hutchinson v. Lott, Fla.App.1959, 110 So.2d 442.
Affirmed.
KANNER, Acting C. J., ALLEN, J., and OVERSTREET, MURRAY W., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- Cloud v. Fallis, 107 So. 2d 264 (Fla. 2d DCA 1958)
- Hutchinson v. Lott, 110 So. 2d 442 (Fla. 1st DCA 1959)