FLORIDA MOTOR LINES, INC.,
v.
DOROTHY FLOYD BRADLEY, A MARRIED WOMAN, BY HER NEXT FRIEND, D. N. FLOYD, HER FATHER
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The Florida Supreme Court affirmed a personal injury judgment for $6,000, but only on the condition that the plaintiff accept a remittitur of $2,000, finding the original award excessive. The court reviewed the case for the second time, addressing several arguments for reversal, primarily focusing on the admission of evidence.
The court held that while no reversible error was committed regarding the admission of evidence or other rulings, the judgment of $6,000 was excessive. The judgment will be affirmed if the plaintiff accepts a remittitur of $2,000; otherwise, it will be reversed for a new trial.
“We are impressed, however, that the judgment was excessive.”
This quote establishes the court's finding that the jury's award was too high.
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Join FLexlaw to unlock all legal intelligenceDorothy Floyd Bradley, a married woman, sued Florida Motor Lines, Inc. for personal injuries sustained when a waiting room door allegedly closed viole…
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rDefendant in error recovered a judgment for personal injuries against the plaintiff in error in the sum of six thousand dollars. The declaration was in four counts and was grounded on negligence of the defendant in permitting the door of its waiting room to close against her with great violence as she was passing through it to board a taxi, knocking her to the pavement, severely and permanently injuring her knee, and causing other injuries from which she suffered severely and was required to spend large sums for doctors’ and hospital bills.
This is the second appearance of this case here. See Florida Motor Lines, Inc., v. Bradley, 121 Fla. 591, 164 So. 360, where it was reversed because of an erroneous charge given by the court. On this writ of error, seven questions are argued but the main reliance for reversal is predicated on the admission of alleged improper evidence. ■
The record has been examined in the light of each and every question raised but the court has reached the conclusion that while the trial was not in all respects regular, no reversible error was shown to have been committed. We are impressed, however, that the judgment was excessive. It will be affirmed on the entry of a remittitur in the sum of $2,000., Otherwise it will be reversed for a new trial,
Affirmed with remittitur.
Ellis, C. J., and Terrell and Buford, J. J., concur. .
Brown and Davis, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Margaret Ann Super Mkts., Inc. v. MRS. Esther K. Scholl and Raymond S. Scholl, 159 Fla. 748 (Fla. 1947)…cases, some of which are viz: $6,000 held excessive by $2,000 for permanent injuries to knee and other injuries causing severe suffering and requiring [*751] expenditure of large sums for doctors and hospital bills. Florida Motor Lines v. Bradley, 128 Fla. 392, 174 So. 863. Award of $7,000 for injuries suffered in automobile collision was excessive and reduced by requiring remittitur, where jury had awarded $2,340 on former trial. Nelson v. McMillan, 151 Fla. 847, 10 So. (2nd) 565. Award of $11,000 dama…
Authorities Cited
- Fla. Motor Lines, Inc. v. Bradley, 121 Fla. 591 (Fla. 1935)