JEFFREY W. BELCHER, APPELLANT,
v.
THOMAS ANDREW JAMES, APPELLEE

Fla. 5th DCA | 1988-11-03
No. 87-1918
COBB and COWART, JJ., and GLICKSTEIN, H.S., Associate Judge, concur.
535 So. 2d 299 Florida District Court of Appeal, Fifth District (1988) Negative Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The jury awarded the plaintiff, passenger/owner, $75,000 for his injuries, but found him to be forty-five percent comparatively negligent. We agree that the trial court did not err in denying plaintiffs motion for a directed verdict. Our review of the record supports the trial court’s decision that the questions of whether (1) the driver was intoxicated; (2) the driver’s intoxication caused the accident; and (3) the plaintiff knew or should have known the driver was unfit to drive; were properly submitted to the jury. See Welch v. Moothart, 89 So. 2d 485 (Fla.1956).

We also conclude the trial court did not err in denying the plaintiff’s motion for additur or new trial because of the inadequacy of his damages. See Keith v. Russell I Bundy & Associates, Inc., 495 So. 2d 1223 (Fla. 5th DCA 1986). Accordingly, we AFFIRM.

COBB and COWART, JJ., and GLICKSTEIN, H.S., Associate Judge, concur.


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Citator

Cited By

  • City OF Winter Haven v. Allen, 541 So. 2d 128 (Fla. 2d DCA 1989)
    …90 (1988), for the principle that there is no vested right in a tort cause of action for damages that has not been the subject of a jury verdict or reduced to judgment. Our colleagues on the fifth district in Marion County School Board v. Streetman, 535 So. 2d 299 (Fla. 5th DCA 1988), relied upon Clausell to apply chapter 87-134 retroactively to the date of injury and limit the amount an injured party may recover to the limits stated in section 768.-28, rather than to the extent of insurance [*132] coverage.…
  • Kris COX v. Cmty. Servs. Dep't, 543 So. 2d 297 (Fla. 5th DCA 1989)
    …denied, 389 So. 2d 1113 (Fla.1980). The trial court was also in error in holding that Chapter 87-134 applied retroactively to limit the amount of appellant’s claim against the county. Although this court in Marion County School Board v. Streetman, 535 So. 2d 299 (Fla. 5th DCA 1988), held to the contrary, the issue was later examined more closely by Judge Campbell in City of Winter Haven v. Allen, 541 So. 2d 128 (Fla. 2d DCA 1989), and has now been directly addressed by the Florida Supreme Court which held i…
  • Livingston v. Smalley Transp. Co., 603 So. 2d 526 (Fla. 3d DCA 1992)
    …v. French, 590 So. 2d 970 (Fla. 1st DCA 1991); Yanks v. Barnett, 563 So. 2d 776, 777 (Fla. 3d DCA 1990), rev. denied, 576 So. 2d 295 (Fla.1991); United Farm Agency of Florida, Inc. v. DKLS, Inc., 560 So. 2d 1212 (Fla. 3d DCA 1990); Belcher v. James, 535 So. 2d 299 (Fla. 5th DCA 1988). When applying these principles to the instant case, the trial court correctly denied Livingston’s motion for directed verdict as to the issue of comparative negligence. There was sufficient evidence for the jury to find that Liv…

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