TOWN OF MEDLEY, A MUNICIPAL CORPORATION, ET AL., APPELLANTS,
v.
RICHARD E. SCOTT, APPELLEE
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The Town of Medley and two police officer brothers appeal a jury verdict awarding compensatory and punitive damages to Richard Scott for assault and battery arising from his arrest at a town council meeting. The appellate court affirmed the verdict, finding no reversible error in the trial court's evidentiary rulings or verdict form.
The appellate court affirmed the jury verdict, holding that no reversible error was demonstrated. The court found that the objection to the verdict form was waived due to failure to object at the time of jury instructions, and even if not waived, the verdict complied with RCP 1.481 by separately stating punitive damages. The verdict amount did not threaten bankruptcy and was appropriate under the discretionary standard for punitive damages.
[1] A party waives an objection to the form of a jury verdict by failing to object when the trial judge instructs the jury.
[2] In actions seeking punitive damages, the verdict must state the amount of punitive damages separately from the amounts of other damages awarded.
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Join FLexlaw to unlock all legal intelligence“In all actions when punitive damages are sought, the verdict shall state the amount of punitive damages separately from the amounts of other damages awarded.”
Establishes the applicable rule requiring separate statement of punitive damages, which the trial court properly followed.
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Join FLexlaw to unlock all legal intelligenceOn May 5, 1969, Richard Scott was arrested near the end of a Town of Medley council meeting after addressing a question to Councilman and Chief of Pol…
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PER CURIAM.
Appellants seek review of a jury verdict of $500.00 in compensatory damages and $5,000.00 punitive damages against the individual appellants for assault and battery.
Appellee, plaintiff in the trial court, was arrested near the conclusion of the Town of Medley council meeting on the evening of May 5, 1969. He was arrested after being recognized by the chair and addressing a question to Councilman and Chief of Police, Toby Wilson, concerning a remark the latter had made earlier in the day to appellee’s wife. The council ruled appellee out of order, but he persisted, whereupon Mr. Wilson ordered appellee’s arrest.
The arresting officers, who are brothers, are the individual appellants in this cause. Appellee alleged that they pulled his arms behind his back, handcuffed him and shoved him head first into a window, cutting his head. He charged that the officers had handcuffed him so tightly that his hands and wrists were seriously injured.
Appellants raised five points on appeal: (1)that appellants were entitled to a mistrial due to certain prejudicial comments by appellee’s counsel to the jury; (2) that the court erred in excluding certain of appellants’ witnesses on the grounds that their testimony was cumulative; (3) that the court erred in excluding evidence concerning a conviction and affirmance for disorderly conduct and breach of peace arising out of the incident as well as a finding of probable cause for resisting arrest by a justice of the peace; (4) that the court erred by excluding expert testimony from another town councilman, who is a retired police captain, regarding excessive force; and (5) that the court erred by entering a judgment in a single verdict for punitive damages against joint tortfeasors.
We have carefully considered the record, all of the points in the briefs, and arguments of counsel in light of the controlling principles of law, and have concluded that no reversible error has been demonstrated. Accordingly, we affirm.
However, we think appellants’ last point merits comment. The record clearly demonstrates that appellants’ Objection to the form of the verdict has been waived because of a failure to object when the trial judge instructed the jury.
Even if this point were not waived, we do not believe appellants’ reliance upon Lehman v. Spencer Ladd’s Inc., Fla.1965, 182 So. 2d 402, is well taken. Subsequent to that case, RCP 1.481, 30 F.S.A., took effect on October 1, 1968. The rule provides :
“In all actions when punitive damages are sought, the verdict shall state the amount of punitive damages separately from the amounts of other damages awarded."
This is precisely what was done in the instant cause. Compensatory damages were awarded against the town and the individual appellants. Punitive damages were separately assessed against the individual police officers.
Allowance of punitive damages in an action for intentional assault and battery is discretionary with the jury, and each wrongdoer may be punished in .a manner which, according to his financial ability, will hurt, but not bankrupt. Joab, Inc. v. Thrall, Fla.App.1971, 245 So. 2d 291. We do not think the verdict in this cause threatens either individual appellant with bankruptcy.
Therefore, for the reasons stated, the judgment appealed is affirmed.
Affirmed.
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E. Coast Ins. Co. v. W. H. Brownyard Corp., 404 So. 2d 828 (Fla. 3d DCA 1981)…PER CURIAM. Affirmed. Town of Medley v. Scott, 285 So. 2d 663 (Fla.3d DCA 1973), cert. denied, 293 So. 2d 360 (Fla.1974); Isenberg v. Ortona Park Recreational Center, Inc., 160 So. 2d 132, 134 (Fla. 1st DCA 1964).…
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Miguel v. Richardson, 335 So. 2d 575 (Fla. 3d DCA 1976)…bjection by not noting same on the record prior to the submission of the verdict forms to the jury, citing Kent v. Polk Grocery Co., 131 Fla. 139, 179 So. 136; Crawford v. Dimicco, Fla.App.1968, 216 So. 2d 769; Town of Medley v. Scott, Fla.App.1973, 285 So. 2d 663. An examination of the record shows that immediately upon the judge giving the verdict forms to the jury, counsel for the appellants objected. This is the first indication in the record as to the knowledge that counsel for the appellant had as to t…
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Town OF Medley v. Scott, 293 So. 2d 360 (Fla. 1974)…Certiorari denied. 285 So. 2d 663. ADKINS, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.…
Authorities Cited
- Lehman v. Spencer Ladd's, Inc., 182 So. 2d 402 (Fla. 1965)
- Joab, Inc. v. Thrall, 245 So. 2d 291 (Fla. 3d DCA 1971)