RED TOP CAB & BAGGAGE COMPANY, A FLORIDA CORPORATION, YELLOW CAB COMPANY OF MIAMI, A FLORIDA CORPORATION, AND MCKENZIE HOMEL, APPELLANTS,
v.
MARY MACLAUGHLIN AND JAMES MACLAUGHLIN, HER HUSBAND, APPELLEES
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Red Top Cab appeals a jury verdict awarding $48,000 in damages to Mary MacLaughlin and her husband for injuries sustained in a taxicab collision. This is the second trial after the first verdict of $42,000 was set aside as excessive; the appellate court affirms the trial judge's refusal to reduce or reject the second verdict.
The appellate court held that the appellants failed to demonstrate the trial court erred or abused its discretion in refusing to disturb the verdicts. The trial judge's refusal to reduce or reject the verdicts was proper, and a third jury trial was not warranted in the interest of justice.
“On those arguments as repeated here the appellants have not shown that the trial court was in error or that his ruling represented an abuse of discretion.”
Establishes the standard of review and that appellants failed to meet their burden of demonstrating the trial judge abused discretion.
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Join FLexlaw to unlock all legal intelligenceMary MacLaughlin was injured as a passenger in a taxicab operated by Red Top Cab when it collided with another vehicle. She and her husband James MacL…
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This is an appeal by the defendants from an adverse judgment based on jury verdicts in a personal injury action. The appellee, Mary MacLaughlin, was injured in a collision between defendants’ taxicab, in which she was a passenger, and another vehicle. Her husband joined in the action, seeking derivative damages. This is the second appearance of this cause here. Liability was not contested by the defendants, and the issues tried were those relating to damages. On the first trial the plaintiffs recovered verdicts aggregating $42,000, of which $15,000 was awarded to the wife, and $27,000 to the husband. Those verdicts were set aside by the trial judge on the ground that they were so excessive as to shock the conscience of the court, and this court affirmed that ruling. See Mac-Laughlin v. Red Top Cab & Baggage Company, Fla.App.1961, 133 So.2d 560. Retrial of the cause, on damages, resulted in verdicts aggregating $48,000, of which $30,-000 was allowed to the wife, and $18,000 to the husband. This time, when importuned on motion for new trial to reject or reduce the verdicts as excessive and unwarranted on the evidence, the trial judge refused. On those arguments as repeated here the appellants have not shown that the trial court was in error or that his ruling represented an abuse of discretion. See Cloud v. Fallís, Fla.1959/ 110 So.2d 669. The elements of damage which the trial judge submitted to the jury were not improper, and we cannot say there was an absence of evidence sufficient to support the jury’s determination of the damage amounts. An experienced trial judge refused to disturb the verdicts, and denied defendants’ motion for new trial. It would not appear to be in the interest of justice to have a third jury assess the damages in this case.
Affirmed.
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Citator
Cited By
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The HERTZ Corp. v. Richards, 224 So. 2d 784 (Fla. 3d DCA 1969)…interest of justice to have another jury assess the damages in this case. Cloud v. Fallis, Fla., 110 So. 2d 669; Florida East Coast Railway Company v. Stewart, Fla. App., 140 So. 2d 880; Red Top Cab and Baggage Company v. MacLaughlin (Fla. App.1965) 171 So. 2d 22. Affirmed.…
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- MacLAUGHLIN v. RED TOP CAB & Baggage Co., 133 So. 2d 560 (Fla. 3d DCA 1961)