Leister ex rel. Leister v. Jablonski
Leister ex rel. Leister v. Jablonski
Opinion of the Court
This is a case involving a jury verdict based on evidence of a minor injury. The. jury refused to compensate for pain and suffering and the trial court refused to grant a new trial. Plaintiff appealed. We hold that the trial court should have some discretion to deny a new trial when it finds that the jury considered the claim of pain and suffering but denied damages.
The trial court stated in its order denying a new trial:
It is clear from then’ verdict that the jury viewed the BB gun accident in this case to be a minor incident blown out of proportion by plaintiffs and their counsel. The physical pain involved was a momentary sting. The jury apparently felt that there was no need for future medical expenses and the mental anguish was self inflicted. The court sees no basis to overturn the jury’s decision in these areas.
In Shaw v. Puleo, 159 So.2d 641, 644 (Fla. 1964), the supreme court held:
In reviewing a jury verdict in a case wherein the trial court has denied a motion for new trial alleging inadequacy of damages, an appellate court is bound to remember that the test of inadequacy of a verdict is not what the reviewing court would have decided had it tried the case, but whether it can be said that the jurors as reasonable men could not have found the verdict they did.
We agree with the trial court that under the facts of this case, it cannot be said that the jurors acted unreasonably.
AFFIRMED.
. While common experience tells us that there was some initial pain involved in this BB gun
Dissenting Opinion
dissenting.
I respectfully dissent.
There was credible evidence that future medical expenses are likely, and it was evident appellant has suffered pain and suffering. The jury should have made some provision for those two elements of damages. Ledbetter v. Todd, 418 So.2d 1116 (Fla. 5th DCA 1982).
Reference
- Full Case Name
- Brian LEISTER, By and Through his natural guardians and next best friends, Ronald D. LEISTER and Vickie Leister and Individually v. Justin JABLONSKI and Robert J. Jablonski
- Cited By
- 1 case
- Status
- Published