THRIFT CABS, INC., A CORPORATION,
v.
IDELL HERRING, JOINED BY HER HUSBAND, WESLEY HERRING
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Thrift Cabs appeals a negligence verdict for damages resulting from an automobile collision, arguing the $4,500 award to the injured wife is excessive. The Florida Supreme Court agrees that the verdict is excessive and reverses for a new trial on damages, while affirming the $500 award to the husband.
The Court reversed the $4,500 judgment as to the wife and ordered a new trial on damages only, finding the verdict excessive. The Court affirmed the $500 judgment in favor of the husband as not excessive.
“The only question presented by this appeal challenges the verdict as being excessive.”
Establishes the sole issue on appeal is whether damages are excessive
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Join FLexlaw to unlock all legal intelligencePlaintiff wife suffered two pelvic fractures and one femur fracture in a January 1944 automobile collision. She was hospitalized for nine weeks in a f…
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This is a suit to recover damages for negligence resulting in personal injuries received in an automobile collision.
The only question presented by this appeal challenges the verdict as being excessive. The verdict and judgment was for $4500.00 in favor of the wife who was injured, and $500.00 for the husband for loss incident to the injuries to the wife.
The record shows that the plaintiff wife suffered the following injuries; two fractures of the pelvis and one of the femur of the right hip; the bones all remained in good position and the fractures had satisfactorily healed before the trial.
Two well qualified physicians testified that in their respective opinions the patient would get entirely well and would suffer no after effects; that there would be no permanent injury.
The injury occurred on the 10th day of January 1944 and she was discharged by the attending physician on the 13th day of May, 1944 as cured.
*19Immediately after the injury was received plaintiff was taken to a hospital and put in a cast from the waist to the knees. The cast remained on about eight weeks and she was in the hospital nine weeks. She was then taken to her home where she was confined to her bed for some six to eight weeks and was then on crutches some eight or ten days. She was a housewife thirty eight years of age and was engaged only in house work, cooking and washing and looking after her children. Her mother and husband did all this while she was disabled. This necessitated the husband giving up his employment during the time he was thus engaged. She suffered some pain and discomfort while in the cast.
The Cab Company paid all hospital bills, X-Ray and doctor bills so that neither of the plaintiffs was out of pocket any money for treatment of the injuries.
We think the verdict and judgment in favor of the injured wife is excessive and, therefore, the same will be reversed for a new trial on the question of damages only. The verdict and judgment in favor of the husband does not appear excessive and is affirmed.
So ordered.
CHAPMAN, C. J., TERRELL, BROWN, and THOMAS, JJ., concur.
ADAMS, and SEBRING, JJ., dissent.
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Margaret Ann Super Mkts., Inc. v. MRS. Esther K. Scholl and Raymond S. Scholl, 159 Fla. 748 (Fla. 1947)…Verdict for $4,500 for personal injuries, sustained by a housewife 38 years of age, consisting of two fractures of the pelvis and one of the femur of the right hip and which did not result in permanent injuries was excessive. Thrift Cabs v. Herring, 156 Fla. 18, 22 So. (2nd) 259. $2,500 to woman who suffered dislocation of the coccyx bone, contusion over hip, and who was suffering from hematoma, and who suffered from arthritis not definitely attributed to injury, and who was required to undergo operation…