NELLIE W. TUTEN, APPELLANT,
v.
EVELYN M. BLACK, AS ADMINISTRATRIX OF THE ESTATE OF JOHN A. BLACK, DECEASED, APPELLEE
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The court held that the evidence was sufficient to support the jury's finding that the decedent consciously suffered pain between the accident and death.
Appellant sought review of a final judgment rendered in favor of appellee. The principal issue was the sufficiency of evidence to prove the decedent c…
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Appellant seeks review of an adverse final judgment rendered in favor of appel-lee. The principal question preserved on appeal concerns the sufficiency of the evidence to establish by a preponderance thereof that the decedent consciously suffered pain between the time of the accident and his death.
In our review of the foregoing issue presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Although the evidence adduced at the trial on the question involved herein is far from overwhelming, we believe it is sufficient to support the finding of the jury that it established by a preponderance of all the evidence that the decedent did consciously suffer some degree of pain prior to his death. The degree of consciousness, the amount of suffering experienced by the decedent, and the length of time he lived following the accident were questions to be properly resolved by the jury. 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 that the evidence demonstrates the conclusions reached are unsupportable and erroneous.1
The judgment appealed is accordingly affirmed.
RAWLS, Acting G. J., and WIGGIN-TON, and SPECTOR, JJ., concur.
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Citator
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Tuten v. Black, 250 So. 2d 898 (Fla. 1971)…Certiorari denied. 247 So. 2d 67. ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.…
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Solomon v. Warren, 540 F.2d 777 (5th Cir. 1976)…he trial court from the circumstances surrounding the aircraft’s disappearance. Determination of the sufficiency of the evidence to support these claims was for the finder of fact under Florida law, in any event, Tuten v. Black, Fla., 1 D.C.A. 1971, 247 So. 2d 67. While in the garden variety of claims under survival statutes, including the Florida Statute — fatal injuries sustained in automobile accidents and the like — the usual sequence is impact followed by pain and suffering, we are unable to discern an…
Authorities Cited
- 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)