MABEL S. JOHNSON, AS ADMINISTRATRIX OF THE ESTATE OF GILBERT JOHNSON, DECEASED, APPELLANT,
v.
EDWARD GAINES AND ALLSTATE INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEES; JESSE JOHNSON, APPELLANT, V. EDWARD GAINES AND ALLSTATE INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the trial judgment in favor of the defendant driver, finding the jury's verdict was supported by sufficient evidence and no trial error warranted reversal.
A jury verdict finding the defendant driver not liable is affirmed when the evidence supports the verdict and no clear trial error is shown.
[1] On appellate review of a jury verdict, the trial court's judgment is presumed correct and will not be disturbed absent a clear showing of error.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA motorcycle rider was thrown from his motorcycle and struck the defendant's automobile; the rider's estate and another appellant brought negligence a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Standard Of Review For Jury Verdicts cases and more on FLexlaw
Appellant seeks reversal of an adverse final judgment rendered in favor of appel-lee who was defendant below in these actions arising out of an accident involving appellee’s automobile and appellants’ decedent, who was riding a motorcycle from which he was thrown against appellee’s car. The principal question preserved on appeal is the sufficiency of the evidence to support the jury’s verdict and judgment thereon.
In our review of the record, we have given due consideration to the applicable appellate principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Our review of the record and consideration of the briefs and arguments herein convince us that the jury’s verdict is consistent with the evidence adduced at the trial. It is not the province of this court to substitute its judgment for that of the trier of facts. These findings cannot be disturbed in the absence of a clear showing that the trial court committed error. Stoller v. Jaffe, 125 So.2d 310 (Fla.App.1961); Old Equity Life Insurance Company v. Levenson, 177 So.2d 50 (Fla.App.1965).
The other issues raised by appellants have been considered and are likewise held not to be the basis for reversal. The judgment appealed is accordingly
Affirmed.
JOHNSON, C. J., CARROLL, DONALD K., and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. Gaines, 253 So. 2d 447 (Fla. 1971)…Certiorari denied. 249 So. 2d 490. ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.…
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)