MIAMI SHORES VILLAGE, D/B/A MIAMI SHORES COUNTY CLUB, APPELLANT,
v.
MARY BROWN AND ROSCOE BROWN, JOINTLY AND SEVERALLY, APPELLEES
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Miami Shores Village appealed a jury verdict awarding damages to Mary Brown for injuries sustained when a table at the defendant's club slid off a platform. The court affirmed the judgment, rejecting the defendant's contentions that the trial court erred in denying a directed verdict, admitting expert testimony, and refusing to order a remittitur.
The trial court did not err. The evidence was sufficient to submit the issues of negligence and contributory negligence to the jury; the expert testimony was properly admitted; and the jury verdict, which had substantial evidentiary support, was not excessive such as to shock the judicial conscience.
[1] A jury verdict will be affirmed if supported by competent substantial evidence.
[2] The submission of issues of negligence and contributory negligence to the jury is proper when supported by the evidence presented.
Previewing 2 of 5 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“On the evidence presented the court properly submitted the issues of negligence and contributory negligence to the jury.”
Establishes that sufficient evidence supported submission of liability issues to the jury, rejecting the directed verdict argument.
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Join FLexlaw to unlock all legal intelligenceMary Brown was a member of an organization renting the defendant club's ballroom. While seated at a head table on a raised platform, the unconnected a…
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PER CURIAM.
This is an appeal by the defendant below from an adverse judgment entered on a jury verdict. The action was brought by appellee Mary Brown, who will be referred to herein as the plaintiff, and her husband Roscoe Brown, alleging injury to Mary Brown caused by negligence of defendant, with derivative damages sought by her husband. The defendant denied negligence and pleaded contributory negligence.
The plaintiff was a member of an organization which was using the ballroom of the defendant’s club building, on a rental basis. She was seated at one end of the “head table” which was on a raised platform. The table, covered by a cloth, was in unconnected sections which were not fastened to the platform. When the end table or part of the table at which the plaintiff was seated moved and slid off the platform, causing dishes and glasswear to fall and break, the plaintiff fell thereon and suffered certain injuries.
Appellant contends the court erred (1) by denying its motion for directed verdict at the close of the plaintiffs’ case and at the close of all of the evidence; (2) by permitting testimony of an expert witness presented by the plaintiff; and (3) by denying defendant’s motion to order a remit-titur. Upon consideration of appellant’s contentions in the light of the record, briefs and argument, we find them to be without merit. On the evidence presented the court properly submitted the issues of negligence and contributory negligence to the jury. The admission of the expert testimony was not error. See Myers v. Korbly, Fla.App.1958, 103 So. 2d 215. In contending the verdict was excessive the appellant argues inadequacy of evidentiary support therefor and that the size of the verdict was such that it should shock the judicial conscience. The determination of damages to be awarded, based on the evidence and the charge of the court was a matter within the province of the jury. Upton v. Hutchinson, Fla.1950, 46 So. 2d 20, 21; Sproule v. Nelson, Fla.1955, 81 So. 2d 478, 481, 76 A.L.R.2d 1066; Talcott v. Holl, Fla.App. 1969, 224 So. 2d 420, 422. The trial judge, when importuned to order a remittitur refused to do so. His denial thereof and of a motion for new trial re veals that the court did not regard the size of the verdict to be shocking to the judicial conscience, nor do we. The verdict had support of competent substantial evidence.
Affirmed.
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Citator
Authorities Cited
- Sproule v. Nelson, 81 So. 2d 478 (Fla. 1955)
- Myers v. Korbly, 103 So. 2d 215 (Fla. 2d DCA 1958)
- Talcott v. Holl, 224 So. 2d 420 (Fla. 3d DCA 1969)
- Upton v. Hutchison, 46 So.2d 20 (Fla. 1950)