Cobb v. City of Miami

Florida District Courts of Appeal
Cobb v. City of Miami, 254 So. 2d 376 (1971)
1971 Fla. App. LEXIS 5738
Hendry, Pearson, Swann

Cobb v. City of Miami

Opinion of the Court

PER CURIAM.

Appellant-plaintiff Ardith Cobb seeks review of a judgment entered pursuant to a jury verdict in a trial as to damages only (liability having been determined by summary judgment) in an automobile negligence action.

For reversal she claims that the $4,000.-00 jury verdict was unreasonable in view of special damages in the form of medical-hospital bills of $8,849.73, exclusive of pain and suffering. It is undisputed, however, that appellant had suffered injuries from several prior automobile accidents.

The test to be applied in determining the adequacy of a verdict is whether a jury of reasonable men could have returned the verdict. Boeck v. Diem, Fla.App.1971, 245 So.2d 687. Based on the record herein, we cannot say that the ver-diet awarded could not have been returned by a jury of reasonable men. One quite reasonable hypothesis is that the medical bills and pain and suffering were not wholly attributable to the accident then being litigated. Therefore, the judgment is affirmed.

Affirmed.

Reference

Full Case Name
Ardith COBB v. CITY OF MIAMI
Cited By
2 cases
Status
Published