BRENDA HECTOR, APPELLANT,
v.
FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY AND ERNEST HEATH, APPELLEES; BRENDA HECTOR, APPELLANT, V. STONEWALL INSURANCE COMPANY AND HENRY WILLIAMS, APPELLEES

Fla. 2d DCA | 1978-12-01
Nos. 78-296, 78-301
SCHEB and OTT, JJ., concur.
364 So. 2d 1253 Florida District Court of Appeal, Second District (1978)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Brenda Hector appeals from judgments in two consolidated automobile accident cases, challenging the judgment against her in one case and the inadequate $1,000 damages award in the other. The court affirms the judgment against Heath but reverses and remands the Williams case for a new trial on damages, finding the verdict legally inconsistent with the evidence.


Holding

The court affirms the liability judgment against Heath but reverses the $1,000 judgment against Williams and his insurer, finding the award legally inconsistent with the evidence of damages far exceeding $1,000, and remands for a new trial on damages only.


Headnotes

[1] A jury verdict is inadequate when the uncontradicted testimony reveals that the plaintiff's damages far exceeded the award.

[2] A jury verdict is legally inconsistent with the proofs when the plaintiff was not negligent, the defendant was found negligent, the plaintiff suffered uncontradicted inju…

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The accepted test for determining the adequacy of a jury verdict is whether a jury of reasonable persons could have returned the verdict.”

Establishes the legal standard for reviewing jury verdict adequacy

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Hector was a passenger in a vehicle driven by Henry Williams that collided with a vehicle driven by Ernest Heath. Three physicians testified regarding…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
HOBSON, Acting Chief Judge.

HOBSON, Acting Chief Judge.

Brenda Hector, plaintiff in the court below, appeals from a final judgment entered in favor of Ernest O. Heath and his insurer, Florida Farm Bureau Mutual Insurance Co., and a final judgment for $1,000 entered in her favor against Henry Williams and his insurer, Stonewall Insurance Co. These two cases have been consolidated for purposes of this appeal.

Appellant argues that the judgment in favor of Heath and his insurer is against the manifest weight of the evidence and that the $1,000 judgment award in her favor is inadequate. We decline to disturb the jury's decision on the question of liability, but we agree with appellant that the award from Williams and his insurer is inadequate.

Appellant sustained injuries as a result of an automobile accident involving the Williams vehicle, in which she was a passenger, and a vehicle driven by Ernest Heath. Both drivers contested the issue of liability.

Three physicians testified as to appellant’s injuries. The first physician stated that he treated appellant in his office for approximately two months and subsequently recommended hospitalization for more intensive therapy. At discharge, appellant appeared to be completely recovered. The second physician testified that he treated appellant for approximately ten months after her discharge from the hospital. In his opinion, appellant suffered permanent injury to her back, neck and leg. A third physician testified that he examined appellant on one occasion approximately a year after the accident and found no objective problems although there were remaining subjective complaints.

Evidence revealed that appellant’s medical bills were in excess of $2,400. Further, appellant testified that she lost wages as a result of her injuries in the amount of $2,500.

The accepted test for determining the adequacy of a jury verdict is whether a jury of reasonable persons could have returned the verdict. Griffis v. Hill, 230 So. 2d 143 (Fla.1970). We view the following facts as determinative of the question of adequacy:

1) Appellant was in no way negligent in the accident;

2) The jury determined that appellee Williams was negligent in causing the accident;

3) Uncontradicted testimony disclosed that appellant suffered injuries as a result of the accident;

4) Uncontradicted testimony revealed that appellant’s damages far exceeded the $1,000 award. While we are always reluctant to supplant a jury verdict, it is clear that in this case the verdict was inadequate and legally inconsistent with the proofs. See Rodriquez v. Allgreen Corporation, 242 So. 2d 741 (Fla. 4th DCA 1971).

Since the issue discussed above is disposi-tive of this appeal, we do not address ourselves to appellant’s other point. We affirm the judgment entered in favor of Ernest 0. Heath and his insurer, reverse the judgment entered against Henry Williams and his insurer, and remand the case for a new trial on the issue of damages only.

SCHEB and OTT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw