S. A. FREEL DISTRIBUTING CO., INC., A FLORIDA CORPORATION,
v.
FRANK LENOX
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The court held that the jury's award of $2,000.00 was not excessive, as it did not shock the judicial conscience or indicate passion or prejudice.
Plaintiff recovered a $2,000.00 judgment in an action for negligent operation of an automobile. The plaintiff suffered physical injury, pain, and a de…
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In action of tort growing out of the negligent operation of an automobile, the defendant in error recovered a $2,000.00 judgment. The only question is whether the judgment is excessive.
The defendant was 28 years of age and employed as a grocery clerk. At the time of injury he was earning $15.00 per week but at time of trial, about two years later, was only earning $12.00 per week. He testified the decrease was due to his injury rendering him unable to discharge his duties as before.
Injury was evident by an enlargement in the lower breastbone and also by pain while the body was in motion. He suffered no loss of time. His medical bill was $14.00.
The rule in this State has long been established.
“The rule is well established that a new trial should not be granted for excessive damages unless the amount is such as to shock the judicial conscience or to indicate that the jury has been influenced unduly by passion or prejudice.” Warner v. Ware, 136 Fla. 466, 182 So. 605; and cases there cited.
Subject to the above rule the amount of damage rests solely within the jury’s discretion.
Plaintiff in error claims upon authority of Jernigan v. Thompson, 103 Fla. 784, 139 So. 366; that the allowance for pain and suffering cannot exceed the loss of earnings and medical attention. Such is not the meaning of the cited case.
Finding no reversible error the judgment is affirmed.
Brown, C. J., Whitfield and Thomas, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Loftin v. Wilson, 67 So. 2d 185 (Fla. 1953)…t. Where the amount of an award is such as to indicate passion or prejudice, a new trial must be ordered. Alabama Gas Co. v. Jones, 1947, 244 Ala. 413, 13 So. 2d 873; Florida Power & Light Co. v. Watson, supra; S. A. Frecl Distributing Co. v. Lenox, 147 Fla. 550, 3 So. 2d 157. To what amount of damages is the plaintiff in this case entitled? That is for a jury to decide, and not this court. A jury decision in such a case must mean, however, a decision free from sentimental or emotional considerations. An a…
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Food Fair Stores OF Fla. v. Forrest H. MacUrda and Cherie K. Macurda, 93 So. 2d 860 (Fla. 1957)…or alleged excessiveness unless it can be said that the excess is such as to shock the judicial conscience, or indicates that the jury has predicated its conclusion on passion or prejudice. S. A. Freel Distributing Co., Inc., v. Lenox, 147 Fla. 550, 3 So. 2d 157. In the instant case it should be noted that this was a joint verdict for both plaintiffs. It may be that sitting as jurors the members of this Court would not have arrived at the same figure. We are willing to concede that it is certainly adequate…
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Wise v. Jacksonville GAS Corp., 97 So. 2d 704 (Fla. 1st DCA 1957)…So. 2d 834. . Bell Bakeries, Inc. v. Giles, 145 Fla. 148, 198 So. 793. . Brinson, v. Howard, supra. . Albert v. Miami Transit Co., 154 Fla. 186, 17 So. 2d 89; Seaver v. Stratton, 133 Fla. 183, 183 So. 335. .S. A. Freel Distributing Co. v. Lenox, 147 Fla. 550, 3 So. 2d 157. . Margaret Ann Super Markets, Inc., v. Scholl, 159 Fla. 748, 34 So. 2d 238; Lithgow v. Hamilton, Fla.1954, 69 So. 2d 776. . Albert v. Miami Transit Co., supra.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Warner v. Ware, 136 Fla. 466 (Fla. 1938)
- Roberts v. Dean, 133 Fla. 47 (Fla. 1938)
- Jernigan v. Thompson, 103 Fla. 784 (Fla. 1931)