ESTHER SPERLING ET AL., APPELLANTS,
v.
LIBERTY MUTUAL INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, APPELLEE
PER CURIAM.
In accordance with the opinion and judgment of the Supreme Court of Florida in the above styled cause filed July 31, 1973 (281 So. 2d 297), the prior opinion and judgment of this court (258 So. 2d 475) is hereby modified as directed by the said opinion and judgment of the Supreme Court of Florida and, except as modified, is adhered to. The final judgment of the trial court is affirmed in part and reversed in part and the cause is remanded to the trial court with directions to make a specific finding of the amount of petitioners’ loss in accordance with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).
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Fitzgerald v. Molle-Teeters, 520 So. 2d 645 (Fla. 2d DCA 1988)…y did. Shaw v. Puleo, 159 So. 2d 641 (Fla.1964); see also Schmidt v. Tracey, 150 So. 2d 275 (Fla. 2d DCA 1963). A jury is not precluded from inquiring into the reasonableness and necessity of the medical expenses. Crutcher Resources Corp. v. Rayner, 283 So. 2d 392 (Fla. 2d DCA 1973). A jury could disbelieve a plaintiff’s testimony regarding pain and suffering or attribute the pain to a congenital condition. Id. Absent a showing of circumstances, such as those alluded to in Radiant Oil Co. v. Herring, 146 Fla.…
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Royal Odell White, Jr. v. Oswaldo Tomas Martinez, 359 So. 2d 7 (Fla. 3d DCA 1978)…fact that our courts have previously considered the problem presented when a jury verdict is the same as or slightly higher than the amount of a plaintiff’s special damages. For example, the court stated in Crutcher Resources Corporation v. Rayner, 283 So. 2d 392, 393 (Fla.2d DCA 1973), as follows: “The trial court is not precluded from disturbing a verdict which is so grossly inadequate that it shocks the conscience of the court. Roberts v. Bushore, Fla.1966, 182 So. 2d 401. The test to be applied in deter…
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- Sperling v. Liberty Mut. Ins. Co., 258 So. 2d 475 (Fla. 3d DCA 1972)
- Sperling v. Liberty Mut. Ins. Co., 281 So. 2d 297 (Fla. 1973)