Mental Anguish

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

• Gallagher v. Manatee Cnty.
  927 So. 2d 914· Fla. 2d DCA· 2006-02-01 ·cited 18×
  Jeffrey Gallagher sued Manatee County for gender discrimination and retaliation under the Florida Civil Rights Act and won at trial. On appeal, the court affirmed the jury verdict but upheld the trial court's application of a $100,000 statutory cap to all monetary recovery elemen
• Scheuer v. Wille
  385 So. 2d 1076· Fla. 4th DCA· 1980-06-18 ·cited 18×
  Appellants, the adult children of a deceased woman, sued for intentional infliction of emotional distress after a funeral home embalmed their mother's body in violation of Jewish religious tenets without contacting them or obtaining consent. The court reversed summary judgment ag
• Beanland v. Chicago
  480 F.2d 109· 8th Cir.· 1973-05-17 ·cited 18×
  The court held that admitting evidence and instructing the jury on damages related to the plaintiff's discharge and the death of a fellow employee was prejudicial error, as was the failure to instruct the jury on the present worth of future earnings.
• Williams v. Delano Dowling
  318 F.2d 642· 3d Cir.· 1963-06-11 ·cited 18×
  The court held that damages for wrongful death are limited to pecuniary loss, and the plaintiff failed to present evidence of such loss.
• Swain v. Calvin H. Curry, M.D.
  595 So. 2d 168· Fla. 1st DCA· 1992-02-19 ·cited 17×
  Mrs. Swain sued her physician for negligently failing to diagnose her breast cancer in 1987, leading to delayed treatment and more aggressive surgery. The trial court granted summary judgment dismissing future damages claims as speculative, but the appellate court reversed, holdi
• Herlong Aviation, Inc. v. Johnson
  291 So. 2d 603· Fla.· 1974-01-10 ·cited 17×
  Florida Supreme Court held that a plaintiff cannot recover for mental pain and anguish absent physical impact, quashing the District Court's decision to the extent it permitted such recovery.
• ASH v. Tyson Foods, Inc.
  664 F.3d 883· 11th Cir.· 2011-12-16 ·cited 16×
  The Eleventh Circuit affirmed the district court's judgment vacating the jury's award of punitive damages, finding that the local plant manager was not high enough in the corporate hierarchy to impute his discriminatory actions to the employer and that the employer had made good-
• Mayo v. Tri-Bell Indus., Inc.
  787 F.2d 1007· 5th Cir.· 1986-04-21 ·cited 16×
  The court held that the Texas modified comparative negligence statute applies to nonpecuniary damages in wrongful death claims, barring recovery when the deceased's negligence exceeds that of the tortfeasor. The court also affirmed the trial court's evidentiary rulings.
• Adams v. Johns-Manville Sales Corp.
  783 F.2d 589· 5th Cir.· 1986-02-26 ·cited 16×
  The court held that evidence of increased risk of cancer and resulting mental anguish is inadmissible without proof of a present, medically probable injury, and that abstract statistics are insufficient to establish such probability.
• In re AIR Crash Disaster Near NEW Orleans v. Turgeau
  764 F.2d 1084· 5th Cir.· 1985-06-26 ·cited 16×
  The court held that Darryl Turgeau's award for mental anguish and the award for living expenses were not supported by Louisiana law and were reversed, while Dolores Turgeau's mental anguish award was affirmed.
• Nat'l R.R. Passenger Corp. (AMTRAK) v. Ahmed
  653 So. 2d 1055· Fla. 4th DCA· 1995-04-12 ·cited 15×
  Amtrak and CSX appeal a jury verdict awarding $2.8 million in damages to the estate and seven adult children of Jose Gresham, who died from injuries sustained in an Amtrak train derailment. The appellate court affirmed the verdict, finding it within the range argued by parties an
• Lucien J. Harmon and Bernice F. Harmon v. Grande Tire Co., Inc.
  821 F.2d 252· 5th Cir.· 1987-07-13 ·cited 14×
  The court held that the Texas Supreme Court would not, as a matter of law, forbid recovery of mental anguish damages by a wife whose husband was injured, even if she did not witness the accident or her husband did not die.
• Burgert v. Tietjens
  499 F.2d 1· 10th Cir.· 1974-07-03 ·cited 14×
  The court held that the trial court's findings of negligence based on poor water clarity, proximate cause, and the amount of damages were supported by substantial evidence and reasonable application of Kansas law.
• Capone v. Winn-Dixie Stores, Inc.
  233 So. 2d 175· Fla. 2d DCA· 1970-03-20 ·cited 14×
  An elderly widow fell on a piece of bologna in a supermarket, suffered a fractured hip requiring surgery, and subsequently experienced mental deterioration leading to her death. The jury awarded $2,500 in damages, but the appellate court reversed and remanded for a new trial due
• Sinnamon v. Maynard Grady Fowlkes, Jr.
  101 So. 2d 375· Fla.· 1958-03-21 ·cited 14×
  Harry Sinnamon, as administrator of a deceased's estate, sought review of a District Court of Appeal decision that reversed a jury verdict awarding $4,000 in punitive damages under Florida's Survival of Action Statute. The Florida Supreme Court denied the petition for certiorari
• Trevino v. United States
  804 F.2d 1512· 9th Cir.· 1986-11-28 ·cited 13×
  The court held that the district court abused its discretion by applying a negative discount rate and that the attendant care award was clearly erroneous, requiring modification of the damages.
• Food Fair Stores, Inc. v. Morgan
  338 So. 2d 89· Fla. 2d DCA· 1976-10-13 ·cited 13×
  Food Fair employees assaulted customer Clarence Morgan outside a supermarket. A jury awarded $75,000 in compensatory damages for assault and battery. The appellate court reversed, finding the verdict grossly excessive and unsupported by evidence, and remanded with instructions fo
• Dean v. Dean
  837 F.2d 1267· 5th Cir.· 1988-02-10 ·cited 12×
  The court held that damages for mental anguish are not recoverable in a Texas breach of contract action, and a claim for nominal damages cannot be raised for the first time on rehearing.
• Gumbs v. Pueblo Int'l, Inc.
  823 F.2d 768· 3d Cir.· 1987-07-17 ·cited 12×
  The court affirmed the denial of judgment notwithstanding the verdict on liability but found the remitted damages award still excessive, ordering a new trial on damages unless the plaintiff accepts a further remittitur.
• Ganapolsky v. Park Gardens Dev. Corp.
  439 F.2d 844· 1st Cir.· 1971-03-08 ·cited 12×
  The court held that the jury's damage award was not so excessive as to constitute a manifest abuse of discretion by the trial court, and that the judge's summation was appropriate.
• Belt v. ST. Louis-San Francisco Ry. Co.
  195 F.2d 241· 10th Cir.· 1952-02-23 ·cited 12×
  The court held that the jury's award for pain and suffering, based on the decedent's increased shock from the second train's passing, was supported by evidence and compensable under Oklahoma law.
• Zinita P. Fowler v. Carrollton Pub. Library & City of Carrollton
  799 F.2d 976· 5th Cir.· 1986-09-12 ·cited 11×
  The court held that a constructive discharge claim under § 1983 requires proof that the employer intended to force the employee's resignation to avoid a pretermination hearing, and that damages for mental anguish and physical pain cannot be awarded separately in a procedural due
• In re E. Airlines, Inc.
  629 F. Supp. 307· S.D. Fla.· 1986-02-03 ·cited 11×
  The court held that claims for mental anguish alone, whether under state law or the Warsaw Convention, are not compensable without allegations of physical injury or impact.
• Hotelera Naco, Inc. v. Chinea
  708 So. 2d 961· Fla. 3d DCA· 1998-02-18 ·cited 10×
  Evidence of reports about the plaintiff's post-childbirth activities is admissible to prove the employer's state of mind and nondiscriminatory intent, and a 1995 ordinance amendment allowing damages for mental anguish, loss of dignity, and attorney's fees may not be applied retro
• Parrilla-Lopez v. United States
  841 F.2d 16· 1st Cir.· 1988-03-04 ·cited 10×
  The court affirmed the district court's award of additional damages for mental anguish and the denial of the motion for a new trial.
• Bode v. PAN Am. World Airways, Inc.
  786 F.2d 669· 5th Cir.· 1986-04-07 ·cited 10×
  The court held that the jury instructions on mental anguish damages were inadequate under Louisiana law, requiring a new trial on that issue. It also vacated a judgment against Travelers Indemnity Company based on a stipulation.
• Glick v. Ballentine Produce
  343 F.2d 839· 8th Cir.· 1965-04-14 ·cited 10×
  The court held that the transferee district court correctly applied Missouri law, which dictated that the plaintiffs' complaint was fatally defective for failing to comply with statutory requirements for wrongful death actions.
• Leatherman v. Gateway Transp. Co.
  331 F.2d 241· 7th Cir.· 1964-04-20 ·cited 10×
  The court held that a defendant's negligence can be the proximate cause of injury even with intervening factors, if those factors were foreseeable, and that a plaintiff's mental condition resulting from physical injuries caused by negligence is compensable.
• Elois N. Sahuc v. United States Fid. & Guar. Co.
  320 F.2d 18· 5th Cir.· 1963-06-19 ·cited 10×
  The court held that the plaintiff's claim for mental anguish and psychic trauma, arising from a fire that destroyed his property while he was absent, did not meet the jurisdictional amount required for federal court, as Louisiana law does not recognize such a claim under these ci
• DOE v. ROE
  958 F.2d 763· 7th Cir.· 1992-03-09 ·cited 9×
  A civil RICO claim requires an injury to 'business or property,' and sexual services or personal expenses stemming from emotional distress do not qualify as such injuries.
• Rosen v. Rucker
  905 F.2d 702· 3d Cir.· 1990-06-18 ·cited 9×
  The court held that defendants' failure to make a written settlement offer under Pennsylvania Rule of Civil Procedure 238 makes them liable for delay damages, regardless of plaintiffs' settlement demands or alleged trial delays.
• Ahmed H. Barhoush, M.D. v. Louis
  452 So. 2d 1075· Fla. 4th DCA· 1984-07-11 ·cited 9×
  A physician appeals a $1.8 million jury verdict in a medical malpractice action arising from serious brain damage suffered by a child at birth. The appellate court affirmed the verdict, rejecting the physician's arguments that trial court restrictions on discovery and cross-exami
• McCALPINE v. Foertsch
  870 F.2d 409· 7th Cir.· 1989-03-06 ·cited 8×
  The court held that there was no substantial evidence in the record to support the jury's finding of intentional racial discrimination, thus the district court improperly denied the defendants' motion for judgment notwithstanding the verdict.
• Wheat v. United States
  860 F.2d 1256· 5th Cir.· 1988-11-30 ·cited 8×
  The court held that damage awards to the Estate of Shilla Wheat and her minor daughter were appropriate, but awards to her husband and adult daughter were excessive and disproportionate to their injuries.
• Claycomb v. Eichles
  399 So. 2d 1050· Fla. 2d DCA· 1981-06-10 ·cited 8×
  A jury instruction allowing damages for mental anguish resulting from negligence, without physical impact, is erroneous under Florida law.
• Travelers Indem. Co. v. Gus George Butchikas
  313 So. 2d 101· Fla. 1st DCA· 1975-05-09 ·cited 8×
  Travelers Indemnity Company appeals from a judgment awarding excess liability damages to an insured whose negligence claim resulted in a judgment exceeding policy limits. The court affirms compensatory damages for the excess but reverses the punitive damages and mental anguish da
• Elnora Jackson and E.J. Jackson v. Bellsouth Mobility, Inc.
  626 So. 2d 1085· Fla. 4th DCA· 1993-11-17 ·cited 6×
  Elnora Jackson appealed the trial court's dismissal of her third amended complaint alleging slander and defamation by a BellSouth Mobility manager. The Fourth District reversed, holding that the pleadings adequately stated a cause of action for defamation.
• Hill v. Marshall
  962 F.2d 1209· 6th Cir.· 1992-05-01 ·cited 6×
  The court held that the district court erred in labeling a judgment notwithstanding the verdict as a remittitur and in setting aside the jury's punitive damages award, but affirmed the denial of the defendant's motions regarding liability and compensatory damages.
• Ortega-Rosario v. Alvarado-Ortiz
  917 F.2d 71· 1st Cir.· 1990-10-23 ·cited 6×
  An 'irregular employee' under Puerto Rico law, who lacks a property interest in continued employment, is not deprived of a liberty interest by termination unless false and defamatory charges are disseminated by the employer and stigmatize the employee.
• Coakes v. Arabian Am. OIL Co.
  831 F.2d 572· 5th Cir.· 1987-11-10 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the case on the grounds of forum non conveniens, as England was a more appropriate and convenient forum.
• Shultz v. Bernard Rice, M.D.
  809 F.2d 643· 10th Cir.· 1986-12-19 ·cited 6×
  The court affirmed the jury verdict and denial of a new trial, finding no reversible errors in the district court's evidentiary rulings or jury instructions.
• Fathalla El-Meswari v. Wash. GAS Light Co.
  785 F.2d 483· 4th Cir.· 1986-03-04 ·cited 6×
  The court held that the jury should decide the issue of punitive damages, as the defendant's conduct may have evinced a conscious disregard for the safety of others under the Virginia wrongful death statute.
• Hoskie v. United States
  666 F.2d 1353· 10th Cir.· 1981-12-22 ·cited 6×
  The court held that the trial court's award for pain and suffering was inadequate because it failed to consider future pain and suffering resulting from permanent disabilities, and thus vacated that portion of the judgment and remanded for recalculation.
• Wyatt v. United States
  610 F.2d 545· 8th Cir.· 1979-12-12 ·cited 6×
  The court affirmed the district court's award of damages for mental anguish and loss of consortium under Missouri law.
• Bond M. Wright and Husband T. J. Wright v. Ga. S. & Fla. Ry. Co.
  66 Fla. 510· Fla.· 1913-12-16 ·cited 6×
  Wright sought damages against Georgia Southern & Florida Railway for removing her from a train after she boarded without a ticket and for causing her arrest by local authorities. The Florida Supreme Court affirmed dismissal of her claims, holding that she was a trespasser rather
• Davis v. Mobil OIL Exploration & Producing Se., Inc.
  864 F.2d 1171· 5th Cir.· 1989-02-06 ·cited 5×
  The court held that Mobil's employee's statement was admissible as a party admission, the evidence was sufficient to support the jury's finding of Mobil's liability, but the award for future medical expenses was not supported by sufficient evidence.
• Dalbec v. Gentleman's Companion, Inc.
  828 F.2d 921· 2d Cir.· 1987-09-04 ·cited 5×
• Stetz v. Am. Cas. Co. of Reading
  368 So. 2d 912· Fla. 3d DCA· 1979-03-06 ·cited 5×
  The Stetzes appealed a summary judgment order denying punitive damages in their breach of contract action against an insurer. The Florida appellate court affirmed, holding that absent a willful and independent tort separate from the breach of contract itself, punitive damages are
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NOS. 01-1 & 01-2)
  825 So. 2d 277· Fla.· 2002-06-06 ·cited 4×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions in Civil Cases, consolidating two committee reports and authorizing proposed modifications to jury instructions for personal injury, property damage, wrongful death, and related civil matters. The ame
• Kimmons v. IMC Fertilizer, Inc.
  844 F. Supp. 738· M.D. Fla.· 1994-02-14 ·cited 4×
  The court held that a non-diverse defendant was fraudulently joined, thus not defeating federal diversity jurisdiction, and denied the motion to remand.