C. M. SHAW
v.
JOHN FLETCHER
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Father of a 15-year-old girl sued to recover damages for seduction, carnal intercourse, and rape committed by the defendant. The trial court awarded $3,000 in damages, but the Supreme Court of Florida found the damages excessive and offered the plaintiff the choice of remitting $2,000 or facing a new trial on damages.
A cause of action is properly stated under common law for such damages, and there is sufficient evidence to support a verdict for the plaintiff. However, the $3,000 damages award is excessive; the plaintiff must remit $2,000 of the judgment or face a new trial on the damages issue.
“A cause of action is stated under the common law in force in this State and there is ample legal evidence to sustain a verdict for the plaintiff.”
Establishes that Florida common law recognized the father's right to recover damages for seduction and rape of his minor daughter.
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Join FLexlaw to unlock all legal intelligenceThe defendant engaged in illegal sexual acts with the plaintiff's 15-year-old minor daughter, resulting in her pregnancy and the birth of a child. The…
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In an action to recover damages for the seduction of a fifteen-year-old minor daughter, carnal intercourse and rape are alleged in separate counts, each alleging that “whereby as a direct and proximate result of the defendant’s said act the said plaintiff lost and was deprived of the services and earnings of his said daughter” and “until she reaches the age of twenty-one years.” Pregnancy and the birth of a child as a proximate result of defendant’s illegal acts, and resulting expenditures by the father because thereof are alleged. On a plea of the general issue, verdict and judgment were rendered awarding $3,000.00 damages to the father. On writ of error the defendant below presents numerous questions which have been duly considered; but in view of the nature of the *104case, the pleadings and evidence will not be here detailed. See C. M. Shaw v. Louisa Fletcher, by her next friend, filed at this term.
A cause of action is stated under the common law in force in this State and there is ample legal evidence to sustain a verdict for the plaintiff. No material or harmful error of law or procedure is made to appear except as to the amojunt of damages awarded. If plaintiff enters a remittitur of two1 2thousand dollars the judgment will stand affirmed for the remainder of the judgment, otherwise the judgment will stand reversed for a new trial as to the amount of damages.
It is so ordered.'
Whitfield, P. J., and Brown and Ci-iapman, J. J., concur.
Terrell, C. J., concurs in the opinion and judgment.
Justices Buford and Thomas not participating as authorized by Section'4687, Compiled General Laws of 1927 and Rule 21-A of the Rules of this Court.
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Corbett v. Dade Cnty. Bd. OF Pub. Instruction, 372 So. 2d 971 (Fla. 3d DCA 1979)…the court, over the plaintiff’s specific objection, declined to instruct the jury as to her right to recover future damages for mental pain and suffering, embarrassment and humiliation, and the inability to lead a normal life. See Shaw v. Fletcher, 138 Fla. 103, 189 So. 678 (1939). The trial judge ruled that there was no evidence to support such a claim and specifically charged, that the plaintiff’s damages were limited to the period between the incident and the trial. We think that this ruling was erroneo…