AGUSTUS C. ALRED
v.
DR. GUSTAVO PORRO
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The Florida Supreme Court affirmed a lower court's judgment, finding that the awarded damages for an automobile accident, though potentially less than could have been awarded, were not so inadequate as to constitute an abuse of discretion or require reversal.
No, the court held that while the award might have been less than could have been lawfully made, the entire record did not show an abuse of discretion or a grossly inadequate award of damages.
“The amounts proven to have been paid by plaintiff or for which plaintiff is legally liable were much less than the damages awarded; and while the award for personal injuries, suffering and loss of earning power might be considered to be less than could lawfully have been made, when the entire record is considered it does not appear that the verdict rendered shows an abuse of discretion or a failure to consider the facts in evidence or a grossly inadequate award of damages requiring a reversal of the judgment.”
This quote explains the court's reasoning for finding the award not to be grossly inadequate, balancing the proven liabilities against the awarded damages and the potential for a higher award.
The plaintiff sued for damages resulting from an automobile accident, seeking compensation for damage to his automobile, personal injuries, suffering,…
The full statement of facts, procedural history, and disposition for this case are member content.
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Upon a writ of error taken herein it is contended that the amount awarded for damage to an automobile and personal injuries, suffering and expense is grossly inadequate as shown by the manifest weight- of the evidence.
The record has been duly considered in connection with the briefs filed and oral argument, and the court concludes that a detailed statement and discussion is not necessary. The amounts proven to have been *188paid by plaintiff or for which plaintiff is legally liable were much less than the damages awarded; and while the award for personal injuries, suffering and loss of earning power might be considered to be less than could lawfully have been made, when the entire record is considered it does not appear that the verdict rendered shows an abuse of discretion or a failure to consider the facts in evidence or a grossly inadequate award of damages requiring a reversal of the judgment. See Harby v. F.E.C. Hotel Co., 59 Fla. 280, 52 So. 193; Radiant Oil Co. v. Herring, 146 Fla. 154, 200 So. 376.
Affirmed.
Brown, C. J., Whitfield, Buford and Adams, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Radiant Oil Co. v. Herring, 146 Fla. 154 (Fla. 1941)
- Harby v. Fla. E. Coast Hotel Co., 59 Fla. 280 (Fla. 1910)