WILLIAM A. CARROLL AND HUMPHREY MOTORS, INC., APPELLANTS,
v.
JOHN H. LAZARUK, APPELLEE
Affirmed.
SHANNON, Acting C. J., WHITE, J., and BARNS, PAUL D., Associate Judge, concur.
ON PETITION FOR REHEARING
This is an appeal from an order granting a new trial restricted to the question of damages. The plaintiff was a pedestrian and was injured by reason of his contact with an automobile owned by appellant-defendant Humphrey Motors, Inc., while being driven by appellant-defendant Carroll. The verdict was in favor of the plaintiff-appellee-Lazaruk for $136.00. The evidence does not establish conclusively that the plaintiff was entitled to more than the amount of the verdict, even if liability is assumed.
In this case the question of liability is about as inconclusive as in the inadequacy *39of the verdict. It seems that justice would likely be better served in event of a new trial that it extend to all issues. Erwin v. Chaney, Fla.App., 160 So.2d 139, Utley v. Southern Metal Products Co., Fla.App., 116 So.2d 28.
The order granting the new trial is affirmed, but new trial on all issues is ordered to be granted.
SHANNON, Acting C. J., and WHITE, J., concur.
BARNS, PAUL D., Associate Judge.
This is an appeal from an order granting a new trial restricted to the question of damages. The plaintiff was a pedestrian and was injured by reason of his contact with an automobile owned by appellant-defendant Humphrey Motors, Inc., while being driven by appellant-defendant Carroll. The verdict was in favor of the plaintiff-appellee-Lazaruk for $136.00. The evidence does not establish conclusively that the plaintiff was entitled to more than the amount of the verdict, even if liability is assumed.
In this case the question of liability is about as inconclusive as in the inadequacy of the verdict. It seems that justice would likely be better served in event of a new trial that it extend to all issues. Erwin v. Chaney, Fla.App., 160 So. 2d 139, Utley v. Southern Metal Products Co., Fla.App., 116 So. 2d 28.
The order granting the new trial is affirmed, but new trial on all issues is ordered to be granted.
SHANNON, Acting C. J., and WHITE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Capone v. Winn-Dixie Stores, Inc., 233 So. 2d 175 (Fla. 2d DCA 1970)…ppeal. Because we are of the opinion that the evidence surrounding the issue of liability is by no means conclusive in this case, we remand with instructions to grant a new trial on both the issues of liability and damages. See, Carroll v. Lazaruk, 164 So. 2d 38 (Fla.App.2d 1964); Erwin v. Chaney, 160 So. 2d 139 (Fla.App.1st 1964). We have carefully considered the ap-pellee’s cross assignment of error and find the same to be without merit. Reversed and remanded for new trial. MANN, J., concurs. McNULTY,…
Authorities Cited
- Utley v. S. Metal Prods. Co., Inc., 116 So. 2d 28 (Fla. 2d DCA 1959)
- W. Ralph Erwin and his wife v. Watson T. Chaney and his wife, 160 So. 2d 139 (Fla. 1st DCA 1964)