DAMON MCNAIR, AS NEXT FRIEND OF PATRICIA MCNAIR, A MINOR, AND DAMON MCNAIR, ADMINISTRATOR OF THE ESTATE OF JOSEPH PATRICK QUINN, DECEASED, APPELLANT,
v.
THE CONTINENTAL INSURANCE COMPANY, A CORPORATION, APPELLEE
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Appellant sought reversal of a circuit court order confirming an arbitration award of $2,500 for wrongful death of a 22-month-old child, claiming the award was inadequate. The appellate court affirmed, holding that arbitration awards will not be disturbed absent clear error, and that damages for pain and suffering are incapable of precise calculation.
The court affirmed the circuit court's order confirming the arbitration award. The arbitrator's award will not be disturbed in the absence of a clear showing of error, arbitrariness, capriciousness, prejudice, passion, or legal misconception. Damages for pain and suffering are inherently impossible of accurate computation and lie within the arbitrator's discretion.
[1] An appellate court presumes the correctness of a trial court's final judgment or order.
[2] An arbitration award will not be disturbed on appeal unless it is shown to have ignored evidence, been arbitrary or capricious, or induced by prejudice, passion, or misco…
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Join FLexlaw to unlock all legal intelligence“It is not the province of this court to substitute its judgment for that of the trier of the facts.”
Establishes the standard of review limiting appellate court's authority to overturn fact-finder determinations
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Join FLexlaw to unlock all legal intelligenceAppellant was the next friend of Patricia McNair in a wrongful death action concerning Patricia's 22-month-old child. An arbitration proceeding was co…
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Appellant, who was plaintiff in the trial court, seeks reversal of an order rendered by the Circuit Court of Gulf County which confirmed an arbitration award by which plaintiff recovered damages in the sum of $2,500.00 as the next friend of Patricia McNair for the wrongful death of the latter’s 22-month-old child. Appellee has cross-assigned as error that portion of the order appealed which awarded appellant certain specified costs incurred by him during the arbitration proceeding. The primary thrust of the appeal challenges the adequacy of the verdict in light of the circumstances established by the evidence.
In our review of the issues presented for decision we have given due consideration to the applicable principle that a final judgment or order of a trial court reaches the appellate court clothed with a presumption of correctness. Most, if not all, of the damages awarded plaintiff by the arbitrator were for pain and suffering experienced by the mother following the death of her infant child. It has been repeatedly held that this element of damage is impossible of accurate computation. Under the facts of this case it cannot be fairly said that the award of the arbitrator ignored the evidence, was arbitrary or capricious, was induced by prejudice or passion or some misconception of the law.1 It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing *635that the trial court committed error or that its conclusions are erroneous.2
On the basis of Rutkin v. State Farm Mutual Automobile Ins. Co.3 we are impelled to reject the contention advanced by appellee in support of its cross-assignment of error.
The order appealed is affirmed.
WIGGINTON, Acting C. J., and RAWLS, and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Eagle Star Ins. Co. v. Nannette Parker and Melvin Parker, 365 So. 2d 780 (Fla. 4th DCA 1978)…cases: Rutkin v. State Farm Mutual Automobile Insurance Co., 195 So. 2d 221 (Fla. 3d DCA 1967), aff’d 199 So. 2d 705 (1967); American Service Mutual Insurance Co. v. Wilson, 323 So. 2d 645 (Fla. 3d DCA 1975); and McNair v. Continental Insurance Co., 245 So. 2d 634 (Fla. 1st DCA 1971). Rutkin and McNair hold that the arbitration costs may be recovered. American Service Mutual Insurance Co. holds to the contrary. It seems to us that reasoning of Rutkin and McNair is the more persuasive, and we so hold. [*782] F…
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Am. Indem. Co. v. Comeau, 419 So. 2d 670 (Fla. 5th DCA 1982)…Lumbermen’s Mut. Cas. Co. v. Meade, 404 So. 2d 1141 (Fla. 5th DCA 1981); Fidelity & Cas. Co. of New York v. DeJesus, 402 So. 2d 15 (Fla. 3d DCA 1981); Eagle Star Ins. Co. v. Parker, 365 So. 2d 780 (Fla. 4th DCA 1978); McNair v. Continental Ins. Co., 245 So. 2d 634 (Fla. 1st DCA 1971); Carter v. State Farm Mut. Auto. Ins. Co., 224 So. 2d 802 (Fla. 1st DCA 1969). . Rutkin v. State Farm Mut. Auto. Ins. Co., 195 So. 2d 221 (Fla.App.); Lumbermen’s Mut. Cas. Co. v. Meade, 404 So. 2d at 1143. . See Neimark v. Abra…
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Gov't Emps. Ins. Co. v. Lang, 387 So. 2d 976 (Fla. 2d DCA 1980)…hereto, is that it is in direct conflict with State Farm Mutual Automobile Insurance Co. v. Rutkin, 199 So. 2d 705 (Fla.1967). See, also, Eagle Star Insurance Co. v. Parker, 365 So. 2d 780 (Fla. 4th DCA 1978) and McNair v. Continental Insurance Co., 245 So. 2d 634 (Fla. 1st DCA 1971), both of which follow Rutkin. As a matter of fact, Rutkin itself originated in the Third District Court of Appeal. Our supreme court approved the majority opinion written there and tacitly rejected a dissenting opinion by the aut…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Radiant Oil Co. v. Herring, 146 Fla. 154 (Fla. 1941)
- OLD Equity Life Ins. Co. v. Franklyn Levenson, 177 So. 2d 50 (Fla. 3d DCA 1965)
- Stoller v. Jaffe, 125 So. 2d 310 (Fla. 3d DCA 1960)
- Walker v. Buckeye Cellulose Corp., 195 So. 2d 221 (Fla. 1st DCA 1967)
- Sellers v. Gov't Emps. Ins. Co., 214 So. 2d 879 (Fla. 1st DCA 1968)