MAUREEN JOSEPH ET AL., APPELLANTS,
v.
JEFFERSON STORES, A FOREIGN CORPORATION, ET AL., APPELLEES
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Appellants recovered $15,000 in damages ($5,000 compensatory, $10,000 punitive) in a false imprisonment suit against Jefferson Stores. The trial judge conditionally granted a new trial unless appellants remitted $7,500 of punitive damages. The appellate court reversed, holding the trial judge exceeded his authority in reducing the punitive damages award.
The trial court exceeded its authority in reducing the punitive damages award through remittitur. The $10,000 punitive damages award was not excessive in light of the compensatory damages awarded and Jefferson Stores' substantial wealth, and was properly submitted to the jury.
“The trial court having found that the plaintiffs were entitled to go to the jury on the issue of punitive damages, he exceeded his authority in reducing the punitive damages award in view of the amount of the compensatory damages awarded and the substantial wealth of the defendant, Jefferson Stores, as reflected in the record.”
Establishes the core holding that a trial court lacks authority to reduce a jury's punitive damages award through remittitur once it has allowed the issue to go to the jury.
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Join FLexlaw to unlock all legal intelligenceMaureen Joseph and her two minor children were restrained by Jefferson Stores agents and employees for approximately two and one-half hours. During th…
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Appellants were plaintiffs in the trial court and recovered $5,000.00 compensatory damages and $10,000.00 punitive damages in a false imprisonment suit.
Upon a motion for new trial, the trial judge ordered a new trial unless the plaintiffs remitted $7,500.00 of the punitive damages award. The plaintiffs refused to remit, and this appeal ensued. The appellants contend the trial court erred in ordering a remittitur. Appellees cross-assign error on the failure of the trial judge to direct a verdict and in submitting the issue of punitive damages to the jury. We reverse.
The trial court having found that the plaintiffs were entitled to go to the jury on the issue of punitive damages, he exceeded his authority in reducing the punitive damages award in view of the amount of the compensatory damages awarded and the substantial wealth of the defendant, Jefferson Stores, as reflected in the record. The amount awarded was certainly not excessive. Winn & Lovett Grocery Co. v. Archer, 126 Fla. 308, 171 So.2d 214; Miami Beach Lerner Shops v. Walco Mfg. of Florida, Inc., Fla.App.1958, 106 So.2d 233; Florida East Coast Railway Company v. Morgan, Fla.App.1968, 213 So.2d 632; 9 Fla.Jur., Damages, §§ 115, 116. In light of what is said above, we find no merit in the appellees’ cross-assignment directed to submitting this issue to the jury.
The appellees’ cross-assignment as to the ruling on the motion for directed verdict is also found to he without merit. It is clear from the record and all reasonable inferences therefrom that the agents and employees of the defendant, Jefferson Stores, restrained the appellant, Maureen Joseph, and her two minor children some two and one-half hours in an attempt to coerce her into signing a statement which, among other things, required her to admit:
“ * * * I took from the possession of JEFFERSON STORES, INC., at the store of said JEFFERSON STORES, INC., in the city of_, without making payment therefor and with intent to take for my own use or disposition, certain articles of personal property, of which JEFFERSON STORES, INC., is the owner, * * *”
* * * * * *
There is no doubt that the actions of the defendant, Jefferson Stores, [through its employees] were unwarranted under the circumstances of the case sub judice. Jefferson Stores, Inc. v. Caudell, Fla.App. 1969, 228 So.2d 99 (opinion filed simultaneously herewith).
Therefore, for the reasons above stated, the order granting a new trial conditioned upon the remittitur is reversed, with directions to deny the motion for new trial and permit the final judgment on the verdict in the amount of $15,000.00 to stand.
Reversed and remanded, with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Richards Co., Inc. v. Harrison, 262 So. 2d 258 (Fla. 1st DCA 1972)…9 Fla.Jur., Damages, § 96. The amount of compensatory damages awarded to appel-lee, $5,000.00, is well within the range of jury verdicts in analogous cases which have been upheld by the appellate courts of this state. In Joseph v. Jefferson Stores, 228 So. 2d 103 (Fla.App.1969), the court upheld a jury verdict for compensatory damages in the amount of $5,000.00 where the plaintiff had been falsely imprisoned for only two and one-half hours. Admittedly, the consequence of appellant’s failure to provide appell…
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Silvia v. Zayre Corp., 233 So. 2d 856 (Fla. 3d DCA 1970)…tains sufficient evidence to justify the jury’s verdict of $10,000; moreover, in view of the substantial wealth of the defendant, Zayre Corporation, the amount awarded as punitive damages was not excessive. Joseph v. Jefferson Stores, Fla.App. 1969, 228 So. 2d 103; Florida East Coast Railway Company v. Morgan, Fla.App.1968, 213 So. 2d 632; Miami Beach Lerner Shops, Inc. v. Walco Mfg. of Florida, Inc., Fla. App.1958, 106 So. 2d 233. Therefore, for reasons above stated, the order granting the new trial is reve…
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Jefferson Stores v. Joseph, 237 So. 2d 530 (Fla. 1970)…Certiorari denied without opinion. 228 So. 2d 103.…
Authorities Cited
- Winn & Lovett Grocery Co. v. Archer, 126 Fla. 308 (Fla. 1936)
- Fla. E. Coast Ry. Co. v. Morgan, 213 So. 2d 632 (Fla. 3d DCA 1968)
- Miami Beach Lerner Shops, Inc. v. Walco Mfg. OF Fla., Inc., 106 So. 2d 233 (Fla. 3d DCA 1958)
- Jefferson Stores, Inc. v. Caudell, 228 So. 2d 99 (Fla. 3d DCA 1969)
- Harrell v. Harrell, 171 So. 2d 214 (Fla. 1st DCA 1965)