Mental Anguish

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

• R.J. and P.J. v. Humana OF Fla., Inc.
  625 So. 2d 116· Fla. 5th DCA· 1993-10-15 ·cited 4×
  R.J. and P.J. appeal the dismissal of their negligence action against a hospital, laboratory, and physician for incorrectly diagnosing R.J. as HIV positive. The court affirms the dismissal under Florida's impact rule but certifies a question to the Florida Supreme Court regarding
• Grandstaff v. City OF Borger
  846 F.2d 1016· 5th Cir.· 1988-06-15 ·cited 4×
  The court held that plaintiffs were not entitled to prejudgment interest on damages awards that did not segregate past from future losses, as required by Texas law, but affirmed postjudgment interest on costs.
• Blevins v. United States
  769 F.2d 175· 4th Cir.· 1985-07-29 ·cited 4×
  The court held that the Public Vessels Act and Suits in Admiralty Act govern the rate of postjudgment interest for claims against the United States, not the general rate set by 28 U.S.C. § 1961, and that disfigurement damages were properly included in the pain and suffering award
• Room v. Caribe Hilton Hotel
  659 F.2d 5· 1st Cir.· 1981-09-14 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence to establish proximate cause between the hotel's alleged delay in providing medical care and his permanent brain damage or mental anguish.
• Malpass v. Highlands Ins. Co.
  387 So. 2d 1042· Fla. 3d DCA· 1980-09-16 ·cited 4×
  A trial court reduced a $75,000 jury verdict for pain, suffering, and permanent disability from an ankle fracture, ordering remittitur of $35,000 based on the verdict being excessive. The appellate court reversed, holding that the trial court improperly substituted its judgment f
• Taggart v. Wadleigh-Maurice, Ltd.
  489 F.2d 434· 3d Cir.· 1973-09-21 ·cited 4×
  The court held that the trial judge properly granted summary judgment because the interview concerned a matter of public interest and no actual malice was shown, thus falling under the First Amendment privilege.
• Powell v. Hegney
  239 So. 2d 599· Fla. 4th DCA· 1970-09-30 ·cited 4×
  The appellate court reversed a trial court's judgment as to the minor plaintiff's damages claim because the court omitted key damage elements (disability, mental anguish, and loss of capacity for enjoyment of life) from its jury instruction, even though it had indicated it would
• Miller v. Elgin
  177 F.2d 224· 7th Cir.· 1949-10-07 ·cited 4×
  The court held that there was sufficient evidence of negligence to go to the jury, and that the doctrine of res ipsa loquitur and the doctrine of imminent peril were properly applied.
• Pike v. United States
  652 F.2d 31· 9th Cir.· 1981-07-30 ·cited 3×
  The court held that the award for prospective accumulations was supported by evidence, but the award for children's mental anguish was not permissible under Washington law. Veteran benefits are not deductible from the FTCA award as they compensate for different elements of damage
• Perez v. Am. Mut. Liab. Ins. Co.
  288 So. 2d 541· Fla. 2d DCA· 1973-12-12 ·cited 3×
  A mother sued for damages resulting from her five-year-old son's death in a motor vehicle accident, claiming loss of the child's prospective estate. The jury awarded only funeral expenses ($1,520) with no damages for lost prospective earnings, and the appellate court reversed, ho
• Johnson v. Herlong Aviation, Inc.
  271 So. 2d 226· Fla. 2d DCA· 1972-12-06 ·cited 3×
  The Johnsons purchased a defective Cessna airplane from Herlong Aviation and sought damages for repair costs and emotional distress suffered during a return flight when the aircraft malfunctioned. The court reversed summary judgment dismissing the emotional distress claim and cer
• City OF Hollywood v. Hogan
  986 So. 2d 634· Fla. 4th DCA· 2008-06-04 ·cited 2×
  Two police sergeants challenged their repeated denial of promotion to lieutenant based on age discrimination under the Florida Civil Rights Act. The trial court found age discrimination and awarded substantial damages, but the appellate court affirmed liability while significantl
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 98-1)
  711 So. 2d 1· Fla.· 1998-04-02 ·cited 2×
  This is an administrative order by the Florida Supreme Court approving revised standard jury instructions for civil cases. The Court authorized publication of model jury charges and verdict forms designed to guide trial courts in instructing juries on comparative negligence, dama
• In re Standard Jury Instructions-Civil Cases NO. 94-1
  645 So. 2d 999· Fla.· 1994-12-01 ·cited 2×
  The Florida Supreme Court authorized the publication of a new standard jury instruction (SJI MI 10) for cases involving claims of intentional infliction of emotional distress through outrageous conduct. The instruction establishes the legal elements and damages framework for this
• Gonzalez v. Metro. Dade Cnty. Pub. Health Tr.
  626 So. 2d 1030· Fla. 3d DCA· 1993-11-09 ·cited 2×
  The Gonzalezes sought damages for emotional distress after a hospital morgue negligently delivered the wrong infant body to a funeral home, which they funeralized before discovering the error two months later. The court affirmed summary judgment for the hospital, holding that Flo
• Stevenson v. TRW Inc.
  987 F.2d 288· 5th Cir.· 1993-04-01 ·cited 2×
  The court affirmed the finding of negligence under FCRA for delayed deletion of inaccurate information and the award of actual damages for mental anguish and attorney's fees, but reversed the finding of willful violation and the award of punitive damages.
• Wellborn v. Sears
  970 F.2d 1420· 5th Cir.· 1992-08-21 ·cited 2×
  The court held that the evidence supported the jury's finding of no contributory negligence and that the plaintiff's claims were not barred by the statute of limitations. The court also found that the decedent qualified as a consumer under the DTPA and that the jury awards were n
• Douglass v. DELTA AIR Lines, Inc.
  897 F.2d 1336· 5th Cir.· 1990-04-09 ·cited 2×
  The court held that the trial court erred in calculating lost inheritance by failing to account for the beneficiaries' ability to earn a return on assets, and that the awards for loss of society and companionship for the minor children were excessive under Texas law.
• Larr v. The Minn. Mut. Life Ins. Co.
  884 F.2d 892· 5th Cir.· 1989-10-06 ·cited 2×
  The court is certifying a question of Mississippi law to the Mississippi Supreme Court regarding whether an insurer can waive an age termination provision in a credit life insurance policy by continuing to accept premium payments.
• Potts v. Benjamin
  882 F.2d 1320· 8th Cir.· 1989-08-21 ·cited 2×
  The court held that the exclusion of evidence regarding the plaintiff's failure to wear a seatbelt and failure to use child restraint seats was not reversible error, as the defendants failed to make an adequate offer of proof regarding causation for comparative negligence or miti
• Adams v. Johns-Manville Sales Corp.
  756 F.2d 1068· 5th Cir.· 1985-03-22 ·cited 2×
  This court is certifying questions to the Louisiana Supreme Court regarding whether damages can be awarded for increased risk of cancer and related mental anguish without current cancer diagnosis.
• Wood v. OLD Sec. Life Ins. Co.
  617 F.2d 1158· 5th Cir.· 1980-05-29 ·cited 2×
  The Fifth Circuit Court of Appeals certified questions of Alabama law to the Supreme Court of Alabama regarding proximate cause in an insurance agent's cross-claim and the availability of a negligence action against a party procuring insurance.
• Przybyszewski v. Metro. Dade Cnty.
  363 So. 2d 388· Fla. 3d DCA· 1978-10-03 ·cited 2×
  Stanley Przybyszewski sued Dade County's Medical Examiner's Office for negligently misidentifying his deceased son's body and interfering with his right to possess it. The jury returned a verdict for plaintiff, but the trial judge granted defendant's motion for directed verdict.
• Complaint of Sincere Navigation Corp. v. United States
  547 F.2d 255· 5th Cir.· 1977-02-10 ·cited 2×
  The court held that the district court's responses on remand constituted full compliance with the mandate, having faithfully followed intervening case law and made findings that were not clearly erroneous.
• Arcia v. Altagracia Corp.
  264 So. 2d 865· Fla. 3d DCA· 1972-07-18 ·cited 2×
  Summary judgment for landlord affirmed where child suffered only fright from falling ceiling material with no physical impact, as Florida law precludes recovery for mental distress unconnected to physical injury in simple negligence cases.
• Seaboard AIR Line R.R. Co. v. Jewell Larson GAY
  201 So. 2d 238· Fla. 1st DCA· 1967-07-20 ·cited 2×
  The Seaboard Air Line Railroad Company appealed an $80,000 wrongful death judgment awarded to the mother of a 12-year-old girl killed when a train collided with a car near a school bus stop. The court affirmed the judgment, rejecting claims that the verdict was unsupported by the
• Nathai v. Fla. Detroit Diesel-Allison, Inc.
  13 Ohio F. Dec. 508· M.D. Fla.· 2010-05-17 ·cited 1×
  The court held that a defendant must make an affirmative showing that a plaintiff's mental condition is genuinely in controversy and good cause exists to compel a Rule 35 examination.
• First Nat'l Bank OF Fla. v. Braun
  474 So. 2d 386· Fla. 2d DCA· 1985-08-16 ·cited 1×
  First National Bank of Florida appeals a $50,000 judgment against it from a jury verdict on appellee's counterclaim arising from the bank's mortgage foreclosure suit. The court reverses and remands for a new trial, finding that prejudicial testimony by a former attorney-witness r
• Shequita Truitt
  Del. Super. Ct.· 2026-02-13
  This case addresses the allocation of prejudgment interest between two joint tortfeasors in a wrongful death action. The court held that prejudgment interest applies solely to Defendant Winder because a settlement demand was made to him that was less than the final judgment, whil
• Evans v. Helton
  M.D. Fla.· 2025-12-19
  The court recommended dismissal of the plaintiff's second amended complaint for failing to establish federal subject matter jurisdiction and for failing to state a claim upon which relief can be granted.
• Evans v. Helton
  M.D. Fla.· 2025-11-06
  The court held that it would take the motion to proceed in forma pauperis under advisement and grant the plaintiff an opportunity to amend his complaint due to deficiencies in pleading and potential lack of subject matter jurisdiction.
• Ruiz Rondon v. Carnival Corp.
  S.D. Fla.· 2025-09-04
  A cruise ship passenger sued Carnival Corporation for negligence after suffering injuries from a fall caused by a defective threshold outside her cabin, seeking approximately $4.1 million in damages. The court found that Carnival was liable under maritime law for the gap in the t
• Shamylia Murphy for the Estate of Sherita Shavon Murphy-Gray v. Heritage II Holdings, LLC
  Fla. 5th DCA· 2025-06-13
  When a plaintiff inhales or otherwise absorbs harmful substances or particles into the body, the impact rule does not apply, and the plaintiff may proceed with claims for emotional distress damages. The impact rule bars recovery only when no physical impact or contact has occurre
• Johnson v. Grant
  M.D. Fla.· 2024-08-06
  The court held that plaintiff stated a claim for First Amendment retaliation but failed to state claims for Eighth Amendment cruel and unusual punishment, civil conspiracy, civil theft, sexual harassment, pain and suffering, and mental anguish.
• Jones v. Celebrity Cruises, Inc.
  S.D. Fla.· 2024-07-08
  The court held that genuine disputes of material fact exist regarding whether the defendant's conduct constituted willful or wanton misconduct, precluding summary judgment.
• Brock v. United States
  M.D. Fla.· 2024-01-25
  Joy Brock, as personal representative of her deceased husband Richard Brock's estate, brought a medical malpractice action under the Federal Tort Claims Act against the United States, alleging that an advanced registered nurse practitioner at Naval Hospital Jacksonville fell belo
• Fla. BC Holdings, LLC v. Reese
  Fla. 6th DCA· 2023-12-21
  The appellate court affirmed a jury's award of damages for tortious interference with a business relationship, finding that Florida's impact rule does not apply to intentional torts. The court certified questions to the Florida Supreme Court regarding the general applicability of
• Johnson v. Thomas
  M.D. Fla.· 2023-12-11
  The court held that the plaintiff's allegations of verbal harassment and a single slap, without resulting harm or constitutional violation, fail to state a claim under 42 U.S.C. § 1983.
• Nepton v. Rausch
  S.D. Fla.· 2023-05-24
  The court held that the plaintiff's complaint was a shotgun pleading that failed to state a claim upon which relief could be granted, even under a liberal construction for pro se litigants.
• Sirer v. Aksoy
  S.D. Fla.· 2023-04-28
  The court held that the defendant's defamatory statements caused significant reputational and emotional harm, warranting substantial general damages.
• The Est. of Susan J. Moulder v. Sujung Park, M.D.
  Del. Super. Ct.· 2022-09-29
  The appellate court affirmed the trial court's grant of summary judgment, holding that the plaintiff failed to establish a claim for mental anguish under Delaware law because his late wife did not suffer a physical injury or substantial and ongoing physical symptoms of mental ang
• Sch. Bd. of Palm Beach Cnty. v. Groover
  337 So. 3d 799· Fla. 4th DCA· 2022-04-13
  The School Board of Palm Beach County appealed a jury verdict finding they demoted Gary Groover in retaliation for whistleblowing. Groover also appealed the denial of equitable relief, specifically reinstatement or front pay. The appellate court affirmed the jury's verdict but re
• Groover v. Sch. Bd. of Palm Beach Cnty.
  337 So. 3d 799· Fla. 4th DCA· 2022-04-13
  The School Board appealed a jury verdict finding they retaliated against Gary Groover for whistleblowing. Groover also appealed the denial of equitable relief (reinstatement or front pay). The appellate court affirmed the jury verdict but reversed the denial of front pay, remandi
• Carolann Sharkey v. Hallandale Beach Police Dep't & City of Hallandale Beach
  Fla. 4th DCA· 2021-04-07
  An action for mental anguish based on negligent handling of a dead body requires proof of either physical injury or willful or wanton misconduct, and sovereign immunity shields government employers from liability for employees' willful or wanton conduct.
• Watkins v. Sergeant M. Bigwood
  S.D. Fla.· 2020-11-17
  The court held that a party waives the psychotherapist-patient privilege by placing their mental condition at issue in litigation, and that medical records related to an involuntary commitment are discoverable when relevant to the claims and defenses, subject to limitations on sc
• Larreal v. Telemundo of Fla., LLC
  S.D. Fla.· 2020-09-21
  A Venezuelan undocumented immigrant who overstayed his visa sued Telemundo for defamation after the news station broadcast his arrest during a drug raid, implying he was arrested for drug-related charges when he was actually arrested on an outstanding bench warrant for a traffic
• Bortolotti v. Gracepoint Mental Health Facility
  M.D. Fla.· 2019-11-20
  The court granted in part and denied in part the defendant's motion to compel discovery, ordering the plaintiff to provide more specific responses to interrogatories and document requests within defined parameters.
• Witherell v. Larimer
  152 So. 3d 810· Fla. 5th DCA· 2014-12-12
  Yvette and Natalie Witherell appealed a trial court order granting a new trial limited to past noneconomic damages in a personal injury case. The appellate court affirmed, holding that the appellants failed to preserve their argument that the new trial should also address liabili
• IN & FOR NEW Castle Cnty. Lashanda Spencer
  Del. Super. Ct.· 2009-11-13
  The court held that under the Delaware Wrongful Death Statute, a plaintiff can potentially recover damages for mental anguish without a showing of physical injury. The court denied the defendant's motion for partial summary judgment.
• In & for New Castle Cnty. David S. Williams & Angelika M. Williams Civil Action No.
  Del. Super. Ct.· 2009-03-13
  The court granted the Mannings' motion for remittitur, reducing the compensatory damages awarded to the Williams for trespass from $10,000 to $5,000 and the punitive damages from $100,000 to $50,000. The court denied the Mannings' motion for a new trial and denied all of the Will