Thompson v. Fields
Thompson v. Fields
Opinion of the Court
We have considered the evidence in this personal injury case and determined thereupon, with counsel’s advice, that the damages of $6,000 awarded the permanently injured plaintiff were legally inadequate. We reverse upon the authority of Griffis v. Hill, 230 So.2d 143 (Fla. 1969); Grossman v. Short, 235 So.2d 11 (3d D.C.A.Fla. 1970), cert. writ discharged with opinion Short v. Grossman, 245 So.2d 217 (Fla. 1971); see McNash v. Oxenhandler, 288 So.2d 304 (4th D.C.A.Fla. 1974); Rodriguez v. Allgreen Corp., 242 So.2d 741 (4th D.C.A.Fla. 1971).
Counsel suggest and concede that if we deem the verdict inadequate so as to necessitate a new trial on the issue of damages then the issue of liability should likewise be retried. We adopt the suggestion and reverse and remand for a new trial upon all issues.
Reversed and remanded.
Reference
- Full Case Name
- John Eldon THOMPSON v. Preston FIELDS, Jr., and John Chiariello, Individually and d/b/a Jay-Bee Nursery, Inc., jointly and severally
- Cited By
- 1 case
- Status
- Published