Mental Anguish

164 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Arthur W. Kush, M.D. v. Lloyd
  616 So. 2d 415· Fla.· 1992-12-03 ·cited 169×
  The Florida Supreme Court addressed whether a four-year statute of repose in medical malpractice actions bars a wrongful birth claim when a genetically impaired child is born more than four years after negligent medical advice. The court held the statute begins to run from the da
• Lynch v. State
  841 So. 2d 362· Fla.· 2003-01-09 ·cited 158×
  Richard Lynch was sentenced to death for murdering Roseanna Morgan and her thirteen-year-old daughter Leah Caday. On direct appeal, the Florida Supreme Court affirmed the death sentence, rejecting Lynch's challenges to the heinous, atrocious, or cruel (HAC) and cold, calculated,
• Donaldson v. State
  722 So. 2d 177· Fla.· 1998-04-30 ·cited 148×
  The Florida Supreme Court affirmed Donaldson's convictions for two counts of first-degree murder, kidnapping, and aggravated child abuse in the deaths of two children, but reversed his death sentence and remanded for a new penalty phase. The court found the trial court erred in a
• Knight v. State
  721 So. 2d 287· Fla.· 1998-11-12 ·cited 113×
  Thomas Knight appeals his death sentences imposed on resentencing for the 1974 murders of Sydney and Lillian Gans, following a federal court's remand under Hitchcock v. Dugger. The Florida Supreme Court affirmed the death sentences, finding sufficient evidence of aggravating fact
• Jackson v. Johns-Manville Sales Corp. & Raybestos-Manhattan, Inc.
  781 F.2d 394· 5th Cir.· 1986-01-22 ·cited 92×
  A plaintiff in a strict liability action can recover punitive damages, and punitive damages are available in mass tort cases under Mississippi law.
• Clark v. Taylor
  710 F.2d 4· 1st Cir.· 1983-06-17 ·cited 88×
  The court held that there was sufficient evidence to support the jury's verdicts against the individual defendants for constitutional and state law violations, but that the district court erred in exercising pendent jurisdiction over the State of Rhode Island.
• Roberts v. Columbus Williams
  456 F.2d 819· 5th Cir.· 1971-04-01 ·cited 87×
  The court affirmed the judgment based on a pendent state tort claim, modifying its opinion to remove reliance on the Eighth Amendment.
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×
  Police officers are liable under both Texas law and the Fourteenth Amendment for recklessly using deadly force that kills an innocent third party, even when the force might have been justified against the actual suspect. A municipality is liable under § 1983 for a policy of consc
• Denis Rety v. Green
  546 So. 2d 410· Fla. 3d DCA· 1989-02-14 ·cited 70×
  In this defamation appeal, the court upheld most of a trial judge's remittitur order reducing an extraordinarily high jury verdict of $22.5 million to $3.05 million, but partially reversed the remittitur by increasing the punitive damages against the individual defendant from $50
• Mason v. Cont'l Grp., Inc.
  763 F.2d 1219· 11th Cir.· 1985-06-21 ·cited 70×
  Employees must exhaust remedies under the collective bargaining agreement and pension plan before filing suit for claims arising from employment termination and alleged ERISA violations.
• Birnbaum v. United States
  588 F.2d 319· 2d Cir.· 1978-11-09 ·cited 70×
  The court held that damages for mental anguish resulting from the opening of mail were not justified, even if the discretion to open was abused.
• Food Fair, Inc. v. Anderson
  382 So. 2d 150· Fla. 5th DCA· 1980-04-09 ·cited 69×
  Food Fair and its security officer England coerced a cashier into signing false theft confessions through threats of termination, then fired her anyway. The trial court denied a directed verdict motion and allowed a jury verdict for intentional infliction of emotional distress an
• Rambert L. Simmons v. Avisco
  350 F.2d 1012· 4th Cir.· 1965-09-13 ·cited 66×
  A union member suspended for refusing a polygraph test release, where the union lacked authority to discipline for such 'non-cooperation,' was not required to exhaust internal remedies and was entitled to a jury trial for damages. The $15,000 verdict for reputational harm and men
• Fitzgerald v. Seamans
  553 F.2d 220· D.C. Cir.· 1977-02-23 ·cited 64×
  The court held that the statute of limitations barred claims against Air Force officials due to lack of timely discovery of facts, but remanded the claim against a White House defendant for further factual development regarding his involvement.
• Time Ins. Co. v. Burger
  712 So. 2d 389· Fla.· 1998-06-12 ·cited 53×
  The Florida Supreme Court addressed whether emotional distress damages are recoverable in first-party bad faith insurance claims under Florida Statute § 624.155(1)(b)(1) against health insurers. The Court held that such damages are recoverable when the insured meets specific stat
• Hamilton v. V.E. Rodgers
  791 F.2d 439· 5th Cir.· 1986-06-13 ·cited 47×
  The court held that the Fire Department could not be held liable under § 1983 for employee discrimination absent official policy or custom, and that compensatory damages for physical decline were not sufficiently proven. However, supervisors were liable under Title VII and § 1983
• Gresham v. Courson
  177 So. 2d 33· Fla. 1st DCA· 1965-06-15 ·cited 45×
  An 11-month-old child died from strangulation by a pacifier cord at a hospital-operated day nursery. In two consolidated negligence actions, the jury awarded $25,000 to the estate administrator and $100,000 to the father for wrongful death. The appellate court affirmed liability
• Haley v. PAN Am. World Airways, Inc.
  746 F.2d 311· 5th Cir.· 1984-11-16 ·cited 43×
  Louisiana law permits recovery for a decedent's pre-impact fear, and the evidence was sufficient to support the jury's award for this element of damages, but the award for loss of love and companionship was excessive.
• Clois Osburn and Anita Osburn v. Anchor Labs., Inc.
  825 F.2d 908· 5th Cir.· 1987-08-28 ·cited 42×
  The court held that federal law did not preempt the Osburns' state tort claims, the learned intermediary doctrine did not apply, and the jury's causation findings were supported by sufficient evidence. However, the court found the damages award excessive and ordered a remittitur.
• Irby v. Sullivan
  737 F.2d 1418· 5th Cir.· 1984-08-06 ·cited 42×
  The court held that Title VII provides the exclusive remedy for retaliation claims, precluding a section 1983 claim for such violations, but section 1981 can be a basis for a retaliation claim. The court also found that public employees without a property interest in employment a
• Dyes v. Spick
  606 So. 2d 700· Fla. 1st DCA· 1992-10-12 ·cited 39×
  In this personal injury action, the Dyes appealed a jury verdict following a truck accident caused by a Coca-Cola bottling company vehicle. The court reversed on the issue of Mr. Dyes' past noneconomic damages, finding the $5,000 award grossly inadequate given the severity of his
• Milohnich v. First Nat'l Bank OF Miami Springs
  224 So. 2d 759· Fla. 3d DCA· 1969-07-01 ·cited 39×
  The Florida District Court of Appeal reversed a motion to dismiss in a case where depositors sued a national bank for negligently and intentionally disclosing confidential account information to third parties. The court held that a bank owes an implied contractual duty of secrecy
• Miami Paper Co. v. Johnston
  58 So. 2d 869· Fla.· 1952-05-02 ·cited 38×
  The Florida Supreme Court affirmed a jury verdict for a child injured by a company truck but reversed the father's award, finding insufficient evidence for his damages. The case clarifies the duty of care for drivers in areas frequented by children.
• Ingrid Croce v. Bromley Corp.
  623 F.2d 1084· 5th Cir.· 1980-08-14 ·cited 35×
  Mustang is liable for the actions of Roberts Airways based on estoppel, and the court reverses separate awards for mental anguish and loss of affection, remanding for a single award.
• McCRARY v. Runyon
  515 F.2d 1082· 4th Cir.· 1975-04-15 ·cited 35×
  The court should affirm the district court's allowance of attorneys' fees, as the appellees acted as private attorneys general and the appellants' defense was tainted by obdurate obstinacy.
• Wood v. Diamond M Drilling Co. & Diamond M Int'l Co.
  691 F.2d 1165· 5th Cir.· 1982-11-22 ·cited 34×
  The court held that there was sufficient evidence to support the jury's award for loss of future earnings and lost wages, and that the award for maintenance and cure was not duplicative or excessive.
• Levine v. Knowles
  197 So. 2d 329· Fla. 3d DCA· 1967-03-14 ·cited 34×
  A veterinarian obtained summary judgment dismissing a pet owner's claim for punitive damages after the veterinarian's clinic cremated the owner's dog despite instructions to preserve its body for autopsy. The court reversed, holding that punitive damages are recoverable for willf
• Firestone v. Time, Inc.
  305 So. 2d 172· Fla.· 1974-12-11 ·cited 33×
  The Florida Supreme Court reversed the District Court of Appeal and reinstated a jury verdict awarding $100,000 in damages to Mary Alice Firestone for Time magazine's false publication that her divorce was granted on grounds of adultery when it was actually granted on grounds of
• Hagerty v. L & L Marine Servs., Inc.
  788 F.2d 315· 5th Cir.· 1986-04-30 ·cited 32×
  A cause of action accrues when a plaintiff suffers discernible physical injury and is aware of the harm, and fear of future cancer is a recoverable element of damages if reasonable and causally linked to the exposure.
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Deakle v. John E. Graham & Sons
  756 F.2d 821· 11th Cir.· 1985-03-29 ·cited 32×
  The court affirmed the employer's liability for unseaworthiness but remanded for a conditional remittitur of the damages award for lost future wages.
• Walker v. Pettit Constr. Co., Inc.
  605 F.2d 128· 4th Cir.· 1979-09-05 ·cited 32×
  Damages for pain and suffering or mental anguish are not recoverable under § 7 of the Age Discrimination in Employment Act of 1967. Punitive damages are also not recoverable under this section.
• Lorillard Tobacco Co. v. Alexander
  123 So. 3d 67· Fla. 3d DCA· 2013-09-04 ·cited 31×
  Lorillard Tobacco Company appeals a jury verdict awarding damages to Dorothy Alexander for the smoking-related death of her husband Coleman. The court affirmed the $10 million remitted compensatory damages award and $25 million punitive damages award, rejecting Lorillard's challe
• Linnie Kay Berry v. City OF Muskogee
  900 F.2d 1489· 10th Cir.· 1990-04-10 ·cited 30×
  The court's majority opinion applied the Eighth Amendment standard, but the dissenting judge argues that due process analysis under the Fourteenth Amendment should apply, with a proposed gross negligence standard for such claims.
• Corriz v. Emilio Naranjo
  667 F.2d 892· 10th Cir.· 1981-12-09 ·cited 30×
  The court held that defendants' objections regarding potential double recovery were not properly preserved for appeal because they failed to make specific objections to the jury instructions or verdict forms as required by Rule 51.
• Caylor v. Virden
  217 F.2d 739· 8th Cir.· 1955-01-05 ·cited 30×
  The court held that the plaintiff's allegations and deposition testimony, when viewed favorably, could support an inference of physical injury, precluding summary judgment.
• Pierce v. S. Pac. Transp. Co.
  823 F.2d 1366· 9th Cir.· 1987-07-31 ·cited 29×
  The court held that the jury's findings were not fatally inconsistent and that Southern Pacific waived its right to argue for a Rule G investigation privilege by failing to object to jury instructions.
• In re AIR Crash Disaster Near NEW Orleans v. PAN Am. World Airways, Inc.
  767 F.2d 1151· 5th Cir.· 1985-08-12 ·cited 29×
  The court held that while some damage awards were excessive and reversed them, others were affirmed, and a new trial was granted on specific claims unless a remittitur was accepted.
• Atl. Coast Line R.R. Co. v. Dees
  56 Fla. 127· Fla.· 1908-06-01 ·cited 26×
  Atlantic Coast Line Railroad appeals a $2,500 jury verdict in favor of Stella Dees for injuries allegedly caused by the railroad's negligence. The Florida Supreme Court affirmed the verdict, rejecting the railroad's multiple assignments of error regarding the denial of a motion f
• Fla. E. Coast Ry. Co. v. Virgie Stewart
  140 So. 2d 880· Fla. 3d DCA· 1962-05-08 ·cited 25×
  Virgie Stewart brought suit against the Florida East Coast Railway Company and Sinclair Refining Company for the death of her husband, Monroe Stewart, who died eight days after suffering severe burns in a railroad crossing accident. The jury awarded damages under three separate s
• United States v. Monroe Melvin Husky, Jr.
  924 F.2d 223· 11th Cir.· 1991-02-21 ·cited 24×
  The court held that a district court may enhance a sentence for obstruction of justice and perjury based on an independent factual finding, but restitution under 18 U.S.C. § 3663(b)(2) is limited to the specific categories of losses enumerated in the statute and does not include
• Wiskotoni v. Mich. Nat'l Bank-West
  716 F.2d 378· 6th Cir.· 1983-09-08 ·cited 24×
  The court held that the employee's termination for being subpoenaed to a grand jury investigating his own alleged misconduct did not violate public policy under Michigan law, and the evidence was insufficient to establish an implied contract for termination only for cause.
• Green v. Amerada Hess Corp. & L.A. Stricklin
  707 F.2d 201· 5th Cir.· 1983-06-16 ·cited 24×
  The court held that the district court erred in denying the motion to remand because the co-defendant was not fraudulently joined, and therefore, diversity jurisdiction was absent.
• Bonn v. Puerto RICO Int'l Airlines, Inc.
  518 F.2d 89· 1st Cir.· 1975-06-12 ·cited 24×
  The court held that Puerto Rico law properly applied to determine damages, but the jury's award for beneficiaries' pain and suffering was excessive and unconscionable, requiring a new trial on that issue.
• Cudahy Packing Co. v. Ellis
  105 Fla. 186· Fla.· 1932-04-19 ·cited 24×
  The Florida Supreme Court affirmed a wrongful death judgment, holding that juries have broad discretion in assessing damages beyond mere mathematical calculations of lost support. The court found that the jury's award was not excessive and that no reversible error occurred in the
• Peacock v. Gen. Motors Acceptance Corp.
  432 So. 2d 142· Fla. 1st DCA· 1983-05-06 ·cited 23×
  The Peacocks appealed the dismissal of their counterclaim against GMAC, a wholly owned subsidiary of General Motors, for tortious interference with business relationships and defamation arising from GMAC's repossession tactics that allegedly forced their Chevrolet dealership into
• R.J. Reynolds Tobacco Co. v. Grossman
  211 So. 3d 221· Fla. 4th DCA· 2017-01-04 ·cited 20×
  R.J. Reynolds Tobacco Company appeals a judgment in favor of the estate of Laura Grossman, a smoker who died of lung cancer. The court largely affirmed the judgment but reversed and remanded regarding comparative fault reduction of compensatory damages, holding that comparative n
• Reverend Arcadio Natal v. The Christian & Missionary Alliance
  878 F.2d 1575· 1st Cir.· 1989-07-14 ·cited 20×
  Civil courts cannot adjudicate disputes concerning a religious organization's internal governance, including the selection and retention of its clergy, as such matters are protected by the First Amendment's Free Exercise Clause.
• Jones v. Wal-Mart Stores, Inc.
  870 F.2d 982· 5th Cir.· 1989-04-24 ·cited 20×
  The court held that the jury's verdict must be reversed for failure to award all damages to which Michael and Harold Jones were entitled under the clear weight of the evidence, but affirmed the trial court's enforcement of stipulated past medical expenses.
• Dixson v. Newsweek, Inc.
  562 F.2d 626· 10th Cir.· 1977-09-22 ·cited 20×
  The court held that a publisher's republication of defamatory statements taken out of context can constitute libel, and a settlement with a joint tortfeasor requires a reduction in the award against the remaining tortfeasor.