JEROME C. MCDANIEL, BY HIS FATHER AND NEXT FRIEND, WALTER T. MCDANIEL, APPELLANT,
v.
MINNIE CLORE BRIGHT CARLSON, APPELLEE
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The appellate court affirmed the trial court's denial of a new trial, finding that the jury's verdict was not unreasonable and the trial judge did not abuse discretion.
The plaintiff appealed a jury verdict awarding him $2500 in damages, claiming the amount was grossly inadequate. The father of the minor plaintiff was…
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This is an appeal from a final judgment awarding the plaintiff-appellant $2500 damages, which he claims to be grossly inadequate.
The father of the minor plaintiff was .awarded $7500 for expenses and loss of services of his minor son. There is a good deal of conflicting testimony in the record as to the 'plaintiff’s physical condition and as to his earning capacity in the future.
The trial judge, who heard the case, denied the motion for a new trial.
We do not decide this case on what this court would have decided had they tried the case, hut on whether we can say, after viewing the record, that the jury of reasonable men could not have found the verdict they returned. Cf. Utley v. Southern Metal Products Co., Fla.App.1959, 116 So.2d 28. Also, the motion for new trial is directed to the sound discretion of the trial judge and his ruling will not be disturbed unless discretion is clearly shown to have been abused. See: Freeman v. Bandlow, Fla.App.1962, 143 So.2d 547.
After reviewing the record, we cannot say that the jury could not have found the verdict returned. The trial judge did not abuse his discretion in denying the motion for new trial.
Affirmed.
ALLEN, C. J., LILES, J., and WEHLE, VICTOR O., Associate Judge, concur.
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PIX Shoes OF Miami, Inc. v. Howarth, 201 So. 2d 80 (Fla. 3d DCA 1967)…of the motion for new trial, it is incumbent upon the appellant to clearly demonstrate an abuse of discretion. See: Morin v. Halpern, Fla.App.1962, 139 So. 2d 495; Freeman v. Bandlow, Fla.App.1962, 143 So. 2d 547; McDaniel v. Carlson, Fla.App.1966, 182 So. 2d 445. From the record, it is apparent that the gentlemen who made up the six jurors, who served as the petit jury in the instant case, were accosted the following morning in the Dade County Courthouse [outside of the courtroom of the judge in whose cour…
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Knuck v. Willoughby, 198 So. 2d 839 (Fla. 3d DCA 1967)…els it was cut off properly and there was sufficient evidence in the case to sustain the size of the verdict.” It has not been shown that the trial judge abused his discretion in denying the motion for new trial. McDaniel v. Carlson, Fla. App.1966, 182 So. 2d 445. As it is not clearly apparent from a review of the entire record in a light most favorable to plaintiffs that the verdict is contrary to the evidence or that the jury was influenced by passion or prejudice, the judgment appealed is affirmed. Morin…
Authorities Cited
- Freeman v. Bandlow, 143 So. 2d 547 (Fla. 2d DCA 1962)
- Utley v. S. Metal Prods. Co., Inc., 116 So. 2d 28 (Fla. 2d DCA 1959)