Florida District Courts of Appeal, 1995

Smith v. Kaufman

Smith v. Kaufman
Florida District Courts of Appeal · Decided May 31, 1995 · Glickstein, Klein, Warner
654 So. 2d 1299; 1995 Fla. App. LEXIS 5759; 1995 WL 322659 (Southern Reporter, Second Series)

Smith v. Kaufman

Opinion of the Court

PER CURIAM.

Appellant argues that a $3,000 jury verdict was grossly inadequate, and that the trial court therefore erred in denying her motion for a new trial. We agree, because, although some of her injuries alleged to have resulted from this accident may have existed before the accident, even defendant’s physician admitted that plaintiff had a permanent disability as a result of an ankle injury caused by this accident, and the surgical expenses for the ankle alone exceeded the verdict. See Shelly v. Hartford Casualty Ins. Co., 445 So.2d 415 (Fla. 4th DCA 1984). We therefore reverse and remand for a new trial on damages.

GLICKSTEIN, WARNER and KLEIN, JJ., concur.

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