CARETIA W. SMITH, APPELLANT,
v.
IRVING KAUFMAN, APPELLEE
CARETIA W. SMITH, APPELLANT,
IRVING KAUFMAN, APPELLEE
654 So. 2d 1299
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 4 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kaufman v. Caretia W. Smith, 693 So. 2d 133 (Fla. 4th DCA 1997)…offer of judgment, in the amount of $50,000, was served in January 1994. Plaintiff was awarded $3,000 in damages by the jury and appealed, obtaining a reversal for a new trial on the ground that the verdict was grossly inadequate. Smith v. Kaufman, 654 So. 2d 1299 (Fla. 4th DCA 1995). After remand, defendant made a second offer of judgment, in the amount of $20,000, in September 1995. Plaintiff once again rejected the offer, and the second jury returned a verdict for $30,000. That verdict was more than 25% l…
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State v. Malone, 50 So. 3d 60 (Fla. 2d DCA 2010)…um mandatory term of twenty years’ imprisonment, we reverse the judgment and sentence and remand to the trial court for further proceedings. On remand, the trial court shall give Malone [*62] the opportunity to withdraw his plea. See State v. Smith, 654 So. 2d 1299, 1299-1300 (Fla. 4th DCA 1995). Reversed and remanded. CASANUEVA, C.J., and NORTHCUTT, J., Concur. . Although the plea form and written judgment list the offense as attempted first-degree murder and omit any mention of a firearm, the written judg…
Authorities Cited
- Skelly v. Hartford Cas. Ins. Co. & Publix Super Mkts., Inc., 445 So. 2d 415 (Fla. 4th DCA 1984)