WILLIAM H. HICKSON, APPELLANT,
v.
FRANK RAYMOND STETZEL, APPELLEE
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.
In this automobile accident case, the trial court granted the plaintiff's motion for a new trial on damages only, finding the jury's $1,500 verdict inadequate when actual damages (medical bills and lost wages) totaled approximately $3,700 plus pain and suffering. The defendant-appellant challenged whether the trial court abused its discretion in setting aside the jury verdict.
The trial court did not abuse its discretion in granting a new trial on damages. Trial judges have broad discretion in granting new trials, and absent a clear showing of abuse, such decisions should be affirmed.
“the amount of the verdict for the plaintiff was so inadequate as to shock the judicial conscience of the Court and appears to have resulted from failure of the jury to consider all of the elements of damage of the plaintiff or that the verdict was given under some misconception of the law or evidence or under the influence of passion and prejudice”
The trial judge's stated reason for granting the new trial on damages, establishing the legal standard for inadequate verdicts.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn January 10, 1962, the defendant's automobile collided with the rear of the plaintiff's car. The plaintiff was hospitalized for ten days and receive…
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 Judicial Conscience cases and more on FLexlaw
The plaintiff, Frank Raymond Stetzel, brought suit to recover damages for injuries sustained in an automobile accident, which occurred on January 10, 1962. There was evidence that the defendant, who was following immediately behind the plaintiff, ran into the rear of the plaintiff’s car. The jury brought a verdict for the plaintiff in the amount of $1500.
On motion of the plaintiff, the trial judge granted his motion for a new trial on the question of damages only, stating in his order:
“ * * * the amount of the verdict for the plaintiff was so inadequate as to shock the judicial conscience of the Court and appears to have resulted from failure of the jury to consider all of the elements of damage of the plaintiff or that the verdict was given under some misconception of the law or evidence or under the influence of passion and prejudice * *
The defendant has appealed the above order and claims the trial court invaded the province of the jury and therefore committed error. There is no question in regard to the issue of liability but only as to whether or not the trial court abused its discretion in granting a new trial.
The record reveals that the plaintiff was hospitalized from January 10, 1962, the date of the accident, until January 20th; that he continued to see his doctor recurrently through August 15, 1962, and that he had physical therapy from May 18th through July 6, 1962.
The parties stipulated as to the reasonableness of the medical bills, which amounted to $1394.00. The record further reveals that the plaintiff, prior to the accident, was earning $67.50 per week from his regular employment and that he earned approximately $20.00 per week doing part time work. Apparently his loss of earnings from January 10th through August 14th amounted to approximately $2300.00. Plaintiff made no claim for future loss of earnings. This would make the damages amount to approximately $3700.00, excluding pain and suffering.
The question involved in this case is whether or not the trial judge abused his discretion in granting a new trial on damages only. The trial judge has a broad discretion in granting a new trial and, in the absence of a clear showing that discretion has been abused, his decision should be affirmed. See Cloud v. Fallis, Fla.App.1958, 107 So.2d 264; cert. denied Fla.1959, 110 So.2d 669.
*612In Sorg v. Royal, Fla.1949, 41 So.2d 317, our Supreme Court reversed the lower court for a new trial upon the question of damages. The factual situation in this case is very similar to the instant case, except in the instant case the lower court granted the motion for new trial, while in the Sorg case the lower court entered judgment on an inadequate verdict. See Marvin v. Byrd, Fla.1953, 67 So.2d 416; Utley v. Southern Metal Products Co., Inc., Fla.App. 1959, 116 So.2d 28.
We conclude that the lower court did not abuse its discretion in granting a new trial in this case.
Affirmed.
SHANNON and WHITE, JJ., 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)
- Utley v. S. Metal Prods. Co., Inc., 116 So. 2d 28 (Fla. 2d DCA 1959)
- Sorg v. Royal, 41 So. 2d 317 (Fla. 1949)
- Marvin v. Byrd, 67 So. 2d 416 (Fla. 1953)