SOL KARP, APPELLANT,
v.
SIDNEY HODOR, APPELLEE
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The court held that an appellate court will not reverse a judgment based on a failure to give a proper jury instruction if the verdict is otherwise conformable to law and facts.
Plaintiff suffered an adverse jury verdict in a personal injury action. The plaintiff appealed, arguing the trial court erred in its jury instructions…
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This is an appeal from a final judgment for the defendant. The action brought by the plaintiff, appellant, was for personal injuries. He suffered an adverse jury verdict upon which the judgment was entered.
The principle contention of the appellant is that it was reversible error for the court to charge the jury on the issues of (1) assault and battery, (2) negligence and (3) contributory negligence, without stating that contributory negligence was not a defense to assault and battery. It is clear that under the facts shown by this record it would have been proper to have added such an instruction to the charge of the court. However, where the verdict is conformable to the law and to the facts, an appellate court will not set it aside merely because the court failed to give an instruction that might properly have been given. City of Jacksonville v. Vaughn, 92 Fla. 339, 110 So. 529; Maistrosky v. Harvey, Fla.App.1961, 133 So.2d 103.
The applicability of this rule is clear where, as here, the only objection to the-court’s ruling at the charge conference, that it would charge on contributory negligence,, was that “there is no evidence of contributory negligence”. Fred Howland, Inc. v. Morris, 143 Fla. 189, 196 So. 472, 128 A.L.R. 1013.
Affirmed.
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Kinya v. Lifter, Inc., 489 So. 2d 92 (Fla. 3d DCA 1986)…the law. Therefore, the verdict may not be reversed for the trial court’s failure to give a concurring negligence instruction, even if it might have properly been given. City of Jacksonville v. Vaughn, 92 Fla. 339, 110 So. 529 (1926); Karp v. Hodor, 166 So. 2d 597 (Fla. 3d DCA 1964); Maistrosky v. Harvey, 133 So. 2d 103 (Fla. 2d DCA 1961). This issue was also never reached by the jury because of the verdict finding no negligence on the part of the defendant. Under Florida law, the general rule is that the ow…
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Cruz v. Gustavo Plasencia, M.D., 778 So. 2d 458 (Fla. 3d DCA 2001)…ruction did not require reversal where the court’s instruction and the special interrogatory verdict form effectively advised the jury that the plaintiffs and defendant’s negligence could both be legal causes of the decedent’s death); Karp v. Hodor, 166 So. 2d 597 (Fla. 3d DCA 1964) (finding that the failure to give a concurrent cause instruction did not require reversal where the “verdict is conformable to the law and the facts.”). We find those cases cited by Dr. Plasen-cia to be inapposite to the instant…
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The Wackenhut Corp. v. Carmeline Greene, 238 So. 2d 431 (Fla. 3d DCA 1970)…We do not believe that the defendant properly preserved this point for appeal. See Rule 1.470(b), RCP, 30 F.S.A. Sharpsteen v. Keesler, Fla.App.1965, 178 So. 2d 623; Henningsen v. Smith, Fla.App.1965, 174 So. 2d 85; and Karp v. Hodor, Fla.App. 1964, 166 So. 2d 597. Assuming arguendo that the point was properly preserved for consideration on appeal we note that the charge given was similar to charge 3.3b of the Standard Florida Jury Instructions and we find that the instructions as a whole were proper and corr…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fred Howland, Inc. v. Morris, 143 Fla. 189 (Fla. 1940)
- R. E. Coogan and C. v. Baumgardner, 92 Fla. 899 (Fla. 1926)
- City of Jacksonville v. Vaughn, 92 Fla. 339 (Fla. 1926)
- Maistrosky v. Harvey, 133 So. 2d 103 (Fla. 2d DCA 1961)