FREDA BORANDI, APPELLANT,
v.
ST. ANTHONY'S HOSPITAL, INC., APPELLEE
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 held that the jury's verdict was clearly and grossly inadequate given the uncontradicted evidence of damages.
Appellant, a patient in appellee's hospital, fell and fractured her kneecap, incurring lost earnings and pain and suffering. The jury awarded $1,000, …
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 Adequacy Of Verdict cases and more on FLexlaw
HOBSON, Judge.
Appellant appeals a final judgment in the amount of $1,000 on the ground that the verdict, in the light of the evidence, was inadequate.
Appellant, while a patient in appellee’s hospital, fell and fractured her right kneecap. The uncontradicted amount of loss of earnings attributable to the knee injury was in the approximate amount of $1,500. The appellant testified as to pain and suffering which was supported by the medical testimony. There was also uncontradicted medical testimony that the appellant sustained a 15% permanent impairment of her right lower extremity.
The appellant was suffering from a detached retina which was the subject of an operation at the same time as the surgery was performed on her right knee. Therefore, the entire amount of the medical expenses were not attributable solely to the injury to her knee but certainly some part thereof was occasioned by such injury.
Appellant moved for a new trial on the issue of damages only which was denied. Appellee made no motion for a new trial on the issue of liability nor has it filed cross assignments of error. Our Supreme Court in Griffis v. Hill, 230 So. 2d 143, Fla.1969, laid down the test of the adequacy of a verdict as follows:
“The test to be applied in determining the adequacy of a verdict is whether a jury of reasonable men could have returned that verdict.”
In view of the uncontradicted evidence pertaining to damages in this record, we hold that the verdict of the jury is clearly and grossly inadequate. As appellee filed no motion for a new trial on the issue of liability nor cross assignments of error, we reverse and remand for a new trial on the issue of damages only. Meana v. St. Petersburg Kennel Club, Inc., 279 So. 2d 329, Fla.App.2d 1973.
Reversed and remanded with directions.
MANN, C. J., and McNULTY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Perenic v. Castelli, 353 So. 2d 1190 (Fla. 4th DCA 1977)…e men could have rendered the verdict.’ In view of the uncon- [*1192] tradicted evidence pertaining to damages in this record, this Court holds that the verdict of the jury is clearly and grossly inadequate. Borandi vs. St. Anthony’s Hospital, Inc., 291 So. 2d 54.” This court is well aware that a trial judge is accorded a broad discretion in such matters. See Cloud v. Fallis, 110 So. 2d 669 (Fla.1959). Nevertheless such an order may be reviewed on the record for the purpose of ascertaining whether the exerc…
-
Equitable Life Assurance Soc'y OF the United States v. Fairbanks, 400 So. 2d 550 (Fla. 4th DCA 1981)…n, could not have found the verdict they did. Anastasio, supra, involved a strikingly similar factual situation to the instant case and employed almost identically the above language in its decision. See also Borandi v. St. Anthony’s Hospital, Inc., 291 So. 2d 54 (2d DCA 1974). 13. Here, the evidence was without dispute that the Plaintiff was in fact injured as a result of the accident out of which the suit arose, and the nature and extent of the injury and its effect, was as delineated above. 14. Therefor…
-
ST. Anthony's Hosp., Inc. v. Borandi, 301 So. 2d 776 (Fla. 1974)…Certiorari denied. 291 So. 2d 54. ADKINS, C. J., and ROBERTS, ERVIN, BOYD and OVERTON, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffis v. Hill, 230 So. 2d 143 (Fla. 1969)
- State Bd. OF Accountancy v. Grady W. Hartley, 279 So. 2d 329 (Fla. 1st DCA 1973)
- Meana v. ST. Petersburg Kennel Club, Inc., 279 So. 2d 329 (Fla. 2d DCA 1973)