JOSEPH D. MORRISON AND CASSANDRA B. MORRISON, HIS WIFE, APPELLANTS,
v.
RICHARD RAYMOND BOHNE ET AL., 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.
In this personal injury appeal, the court dismissed Joseph Morrison's appeal because he obtained a favorable judgment and failed to file a motion for new trial challenging its adequacy, making him not an aggrieved party. The court affirmed the trial court's grant of a new trial as to damages for Cassandra Morrison because mortality tables were improperly admitted without expert testimony establishing that her injury was permanent.
Joseph Morrison's appeal must be dismissed because he was not an aggrieved party—the order denying the motion for new trial was in his favor, and he failed to file his own motion for new trial challenging the verdict's inadequacy. The trial court properly granted Cassandra Morrison a new trial because mortality tables are not admissible absent evidence that the injury was permanent.
[1] A party who receives a favorable judgment and does not file a motion for a new trial urging the inadequacy of the verdict cannot seek appellate review of that judgment.
[2] A party must be aggrieved by a court's order to have standing to appeal.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is well established that the mortality tables are not admissible in the absence of evidence that the injury sustained was permanent”
Establishes the legal standard for admissibility of mortality tables in personal injury cases
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants were injured in an automobile accident on November 7, 1970. Joseph Morrison received a jury verdict of $2,500 in damages. Cassandra Morriso…
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 Admissibility Of Mortality Tables cases and more on FLexlaw
Appellant Joseph D. Morrison appeals a final judgment and Cassandra B. Morrison appeals an order granting a new trial as to damages only in an action by appellants for personal injuries.
The judgment appealed by Joseph Morrison awarded him damages in the amount of $2,500. He did not file a motion for new trial urging the inadequacy of the verdict, and therefore may not seek appellate review of his favorable judgment; Paul v. Kanter, Fla.App.1963, 155 So.2d 402; Malec v. Halter, Fla.App.1968, 216 So.2d 782; and O’Leary v. Watson, Fla.App.1972, 263 So.2d 643.
Joseph D. Morrison’s assignment of error recites:
1. The lower court erred in denying the motion for new trial as to Joseph D. Morrison by Order dated October 6, 1971, and filed in the records of the Clerk of the Circuit Court of Pinellas County on October 7, 1971.
The motion for new trial, referred to in his assignment of error, was filed by ap-pellee Bohne, not appellant. Joseph Morrison vigorously resisted the granting of the motion. Since the order was in his favor, he was therefore not an “aggrieved” party, and his appeal must be dismissed; North Shore Bank v. Town of Surfside, Fla.1954, 72 So.2d 659; Employers Fire Insurance Company v. Blanchard, Fla.App.1970, 234 So.2d 381; Diehl Machines, Inc. v. Midland National Insurance Company, Fla.App.1970, 238 So.2d 137.
Joseph Morrison contends that the ruling of the trial court was inconsistent in that it found error in admitting the mortality tables as to appellant Cassandra Morrison but no error in admission of such evidence as to Joseph Morrison. As pointed out above, the ruling was in favor of Joseph Morrison, and has not been appealed by the aggrieved party, appellee Bohne. Joseph Morrison has no basis for an appeal.
Appellee filed a motion in this court to dismiss Joseph Morrison’s appeal, but at that time this court did not have before it the record on appeal, or any affidavits or evidence in support of the motion. F.A.R. 3.9(g), 32 F.S.A.
In her appeal, Cassandra B. Morrison urges that the trial court erred in granting a new trial on the ground that it was harmful error to admit into evidence the mortality tables without expert testimony that the injury suffered by Cassandra Morrison was permanent.
The accident occurred on November 7, 1970. The trial was held on September 13, 1971. Mrs. Morrison testified that she immediately felt pain in her left shoulder and neck at the time of the accident. She was treated at the hospital, x-rayed, and her arm put in a sling. She received physical therapy for six weeks and wore a neck collar for seven months. Another doctor prescribed a “traction unit” in January 1971, but after four visits to the doctor’s office she was still having pain. She was then referred to an orthopedic surgeon who treated her until she moved to New York. She testified that she was still under treatment of her New York physician at the time of the trial and that she still had pain in her neck on moving her head. She stated that she had not been able to do any housework or participate in her bowling league since the accident. However, she did continue to work at her employment, doing the deskwork but not cleaning the office. No medical testimony as to her condition was offered, and there was no statement by any witness that the injury was permanent. The jury returned a verdict of $15,000 in Mrs. Morrison’s favor.
It is well established that the mortality tables are not admissible in the absence of evidence that the injury sustained *898was permanent; Atlanta & Saint Andrews Bay R. Co. v. Pittman, 130 Fla. 624, 178 So. 297; Seaboard Air Line Railroad Company v. Ford, Fla.1956, 92 So.2d 160; Stores v. Hussey, Fla.App.1958, 100 So.2d 649.
The lower court properly awarded a new trial on the question of damages as to Cassandra Morrison, and the order granting the new trial is therefore affirmed.
Affirmed as to Cassandra B. Morrison.
Appeal of Joseph D. Morrison dismissed.
MANN, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sullivan v. Price, 386 So. 2d 241 (Fla. 1980)…ALDERMAN, Justice. We have for review the decision of the District Court of Appeal, First District, in Sullivan v. Price, 368 So. 2d 614 (Fla. 1st. DCA 1979), which is in apparent conflict with Morrison v. Bohne, 274 So. 2d 896 (Fla. 2d DCA 1973). Only two of the issues which petitioners, defendants, seek to raise in this personal injury case merit discussion: first, whether expert medical testimony was a necessary prerequisite to the introduction of mortality tables and…
-
AVIS Rent-A-Car Sys., Inc. v. Stuart, 301 So. 2d 29 (Fla. 2d DCA 1974)…ors who treated appellant do not say there is any permanent injury, the jury composed of laymen certainly could not be expected to say there was [*30] such injuries; if they did it would be reversible error.” In Morrison v. Bohne, Fla.App.2d, 1973, 274 So. 2d 896, this Court was confronted with a similar factual situation and held that it was error to allow the introduction of mortality tables in the absence of a statement by any witness that the injury was permanent. Under the facts of this case the trial…
-
Sullivan v. Price, 368 So. 2d 614 (Fla. 1st DCA 1979)…would last; no witness said that there was even a possibility that these injuries were permanent.” Id. at 163. Under such circumstances, the jury should not have been charged concerning the permanency of the plaintiff’s injury. In Morrison v. Bohne, 274 So. 2d 896 (Fla. 2d DCA 1973), the plaintiff’s evidence was that she felt pain in her neck and left shoulder immediately after the accident; at the hospital she was treated and x-rayed; her arm was placed in a sling. She was still in pain following six weeks o…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Seaboard AIR Line R.R. Co. v. Ford, 92 So. 2d 160 (Fla. 1955)
- N. Shore Bank v. Town of Surfside, 72 So. 2d 659 (Fla. 1954)
- Fay S. Paul v. Risa Bonnie Kanter & the Hertz Corp., 155 So. 2d 402 (Fla. 3d DCA 1963)
- Diehl Machs., Inc. v. Midland Nat'l Ins. Co., 238 So. 2d 137 (Fla. 4th DCA 1970)
- Atlanta & Saint Andrews Bay Ry. Co. v. Pittman, 130 Fla. 624 (Fla. 1938)
- Emp'rs Fire Ins. Co. v. Blanchard, 234 So. 2d 381 (Fla. 2d DCA 1970)
- Robert P. Stores v. Amos B. Hussey, 100 So. 2d 649 (Fla. 1st DCA 1958)
- O'Leary v. Watson, 263 So. 2d 643 (Fla. 3d DCA 1972)
- Malec v. Millicent Halter, 216 So. 2d 782 (Fla. 3d DCA 1968)