Mental Pain And Suffering

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

• Eusebio M. Martinez v. Rodriquez
  394 F.2d 156· 5th Cir.· 1968-05-02 ·cited 265×
  The court certified a question to the Florida Supreme Court regarding whether a father's recovery for his daughter's death is barred by the mother's contributory negligence when the father neither knew nor could have known of the mother's negligence.
• Bellsouth Telecomms., Inc. v. Meeks
  863 So. 2d 287· Fla.· 2003-10-16 ·cited 138×
  The Florida Supreme Court held that damages recoverable by a minor child under section 768.21(3) for loss of parental companionship and mental pain and suffering are not limited to the period of minority, but should be calculated based on the joint life expectancies of the minor
• Davis v. Fla. Power Co.
  64 Fla. 246· Fla.· 1912-06-01 ·cited 101×
  Florida Power Company challenged a statute providing wrongful death remedies for deceased minor children, arguing the statute violated due process and equal protection guarantees by limiting liability to corporations and associations while excluding individual tortfeasors. The Fl
• Tampa Shipbuilding & Eng'g Corp. v. Adams
  132 Fla. 419· Fla.· 1938-04-14 ·cited 80×
  Tampa Shipbuilding & Engineering Corp. was held liable for the wrongful death of a minor employee under Florida child labor protection statutes. The court affirmed that statutory violations constituting illegal employment of a child constitute negligence per se, making the employ
• Raphael Klepper v. Breslin
  83 So. 2d 587· Fla.· 1955-10-19 ·cited 74×
  A father sued for damages from the death of his four-year-old son struck by a car driven by Alma Conway Breslin. The Florida Supreme Court upheld a jury verdict for the defendants, establishing that a father's wrongful death action under Florida law can be defeated by the mother'
• Angrand v. KEY
  657 So. 2d 1146· Fla.· 1995-06-22 ·cited 58×
  The Florida Supreme Court resolved a conflict between district courts regarding the admissibility of expert testimony on grief and bereavement in wrongful death cases. The Court held that while trial courts have broad discretion to admit such expert testimony, it must genuinely a
• Postal Tel. & Cable Co. v. Bart Doyle
  123 Fla. 695· Fla.· 1936-04-11 ·cited 57×
  The Florida Supreme Court reversed a $7,000 judgment for personal injuries, finding that the plaintiff failed to prove the defendant owned the motorcycle that caused the injury and that the trial court improperly admitted evidence regarding the plaintiff's skill as a poster artis
• R.J. Reynolds Tobacco Co. v. Earline Alexander
  90 So. 3d 307· Fla. 1st DCA· 2012-02-14 ·cited 56×
  In this Engle progeny tobacco case, the First District Court of Appeal affirmed a $10.8 million compensatory damages award for the death of a long-time smoker from lung cancer but reversed and remanded the $40.8 million punitive damages award as constitutionally excessive under t
• Fla. Emergency Physicians-Kang & Assocs., M.D., P.A. v. Parker
  800 So. 2d 631· Fla. 5th DCA· 2001-10-12 ·cited 56×
  A medical malpractice wrongful death case where the court held that minor children who are beneficiaries in a wrongful death action are parties subject to compulsory psychological examination under Florida Rule of Civil Procedure 1.360. The court affirmed the liability judgment b
• Atl. Peninsular Holding Co. v. August Oenbrink
  133 Fla. 325· Fla.· 1938-06-30 ·cited 47×
  The Florida Supreme Court affirmed a wrongful death judgment of $4,000 against the owner of an unfinished hotel where a 12-year-old boy died falling from a collapsed fourth-floor into an unguarded shaft. The court held that the dangerous, attractive condition of an unfinished bui
• Fla. E. Coast Ry. Co. v. Hayes
  65 Fla. 1· Fla.· 1913-01-15 ·cited 46×
  The Florida Supreme Court reversed a $25,000 judgment for the wrongful death of a minor child, holding that a father cannot recover damages for the mother's mental pain and suffering under Section 3147 of the General Statutes, and finding the judgment excessive even if such recov
• Hawk v. Seaboard Sys. R.R., Inc.
  547 So. 2d 669· Fla. 2d DCA· 1989-07-05 ·cited 43×
  Parents and representatives of two young children killed in a train-automobile collision appeal a trial court's remittitur order reducing wrongful death damages. The appellate court reversed, holding that the trial court abused its discretion by substituting its judgment for the
• Morales v. Celeste Benitez de Rexach
  541 F.2d 882· 1st Cir.· 1976-09-14 ·cited 41×
  Public employees discharged solely for political reasons may state a claim for deprivation of constitutional rights, but policy-making employees are not protected. Attorney's fees are not recoverable absent statutory authorization or bad faith.
• R.J. Reynolds Tobacco Co. v. Diane Webb for the Estate of James Cayce Horner
  93 So. 3d 331· Fla. 1st DCA· 2012-04-09 ·cited 39×
  R.J. Reynolds Tobacco Company appealed a $79.2 million wrongful-death verdict in favor of Diane Webb as personal representative of her father's estate, who died of lung cancer allegedly caused by smoking RJR cigarettes. The court affirmed liability but vacated and remanded the da
• Eusebio M. Martinez v. Rodriquez
  215 So. 2d 305· Fla.· 1968-10-30 ·cited 38×
  This case concerns whether a father can recover for the wrongful death of his child if the child's mother was contributorily negligent, even if the father had no knowledge of the mother's negligence. The Florida Supreme Court held that the father is barred from recovery due to th
• Nolan v. Moore
  81 Fla. 594· Fla.· 1920-06-10 ·cited 38×
  The Florida Supreme Court reversed a wrongful death judgment, holding that the wrongful death statute (Section 3147, General Statutes 1906, as amended) does not permit a parent to sue an individual for the tort of that individual's employee. The statute allows actions against cor
• Ga. S. & Fla. Ry. Co. v. Perry
  326 F.2d 921· 5th Cir.· 1964-01-15 ·cited 33×
  The court held that the trial court did not err in excluding the railroad's photographs, giving an instruction on the inference from failure to call witnesses, or admitting mortality tables.
• Miami Dairy Farms, Inc. v. Tinsley
  115 Fla. 650· Fla.· 1934-06-26 ·cited 33×
  This case concerns the wrongful death of a ten-year-old boy. The court addressed whether the administrator of the boy's estate could recover damages for a prospective estate the child might have acquired, and found the awarded damages to be excessive. The judgment was reversed fo
• Haddock v. Fla. Motor Lines Corp.
  150 Fla. 848· Fla.· 1942-06-30 ·cited 28×
  The Florida Supreme Court held that a divorced mother with legal custody of her minor child has a cause of action for wrongful death under Florida law, reversing the trial court's dismissal. The court rejected the interpretation that the statute limited wrongful death claims to f
• Welles v. Bryant
  68 Fla. 113· Fla.· 1914-10-29 ·cited 28×
  Bryant sought damages under Florida statute for mental pain, suffering, and loss of services resulting from his four-year-old child's death allegedly caused by negligence of Welles and Heard, who were tenants in common of a dangerous property. The trial court awarded $7,500 in da
• Henry Morrison Flagler Museum v. LEE
  268 So. 2d 434· Fla. 4th DCA· 1972-08-11 ·cited 26×
  The Henry Morrison Flagler Museum appeals a jury verdict awarding an employment contract breach damages to W. Howard Lee. The court reverses the punitive damages award and reduces compensatory damages, holding that mental pain and suffering damages and punitive damages are not re
• Adkins v. Seaboard Coast Line R.R. Co.
  351 So. 2d 1088· Fla. 2d DCA· 1977-11-02 ·cited 25×
  In this wrongful death appeal, the Florida Second District reversed a trial court's reduction of a jury damage award from $100,000 to $20,000, finding that contradictory jury instructions on comparative negligence and the apportionment of damages to survivors created reversible e
• Fuller v. Darnell
  100 Fla. 773· Fla.· 1930-09-11 ·cited 25×
  A father sued for damages resulting from his daughter's death in an automobile accident caused by the defendant's negligent driving. The Florida Supreme Court reversed a $7,500 judgment, holding that the father could not recover for the mother's mental pain and suffering (they we
• Meeks v. Johnston
  85 Fla. 248· Fla.· 1923-02-26 ·cited 25×
  L. H. Meeks brought a wrongful death action against a married woman, Willa May Johnston, for the death of his minor child struck by her automobile. The trial court directed a verdict for the defendants. The Florida Supreme Court reversed, holding that a husband remains liable at
• The Pensacola Elec. Co. v. Gus A. Soderlind
  60 Fla. 164· Fla.· 1910-06-01 ·cited 24×
  The Florida Supreme Court reversed a judgment for $10,000 against Pensacola Electric Company in a wrongful death case because the plaintiff improperly joined two causes of action—one arising in his personal capacity as father and one in his representative capacity as administrato
• Mizrahi v. N. Miami Med. Ctr., Ltd.
  761 So. 2d 1040· Fla.· 2000-04-20 ·cited 22×
  Section 768.21(8) of Florida's Wrongful Death Act does not violate equal protection guarantees by precluding adult children from recovering nonpecuniary damages in medical malpractice cases while permitting such recovery in other negligence cases, because the distinction is ratio
• Coon v. Atl. Coast Line R.R. Co.
  125 Fla. 490· Fla.· 1936-07-27 ·cited 22×
  J. M. Coon, father and administrator of his deceased minor son, brought a wrongful death action against the Atlantic Coast Line Railroad Company. The railroad defended with a plea that Coon's prior action as administrator in federal court had resulted in judgment against him, bar
• S. Ry. Co. v. Miller
  285 F.2d 202· 6th Cir.· 1960-12-10 ·cited 20×
  The court held that the 1959 amendment to the Tennessee Railroad Precautions Act did not apply retroactively to accidents that occurred before its effective date, and that the trial court did not abuse its discretion on other grounds raised by the appellant.
• Ila L. C. Mock v. Evans Light & Ice Co.
  88 Fla. 113· Fla.· 1924-06-26 ·cited 20×
  The Florida Supreme Court affirmed a lower court's decision to sustain a demurrer, holding that an adoptive mother could not sue for the wrongful death of her adopted child when the child's natural father was still living. The court found the right of action to be statutory and p
• Corbett v. Dade Cnty. Bd. OF Pub. Instruction
  372 So. 2d 971· Fla. 3d DCA· 1979-06-26 ·cited 16×
  A minor plaintiff appealed from a jury verdict awarding $5,000 in damages for injuries sustained during a sexual assault at school. The Florida appellate court reversed because the trial judge erroneously refused to instruct the jury on the plaintiff's right to recover for future
• Nolan v. Moore
  81 Fla. 600· Fla.· 1921-04-25 ·cited 16×
  This case addresses whether Florida's wrongful death statute permits recovery against an individual whose servant negligently caused a minor child's death. The Florida Supreme Court held that the statute implicitly includes liability for servants' acts under the common law doctri
• Meeks v. Fla. Power & Light Co.
  816 So. 2d 1125· Fla. 5th DCA· 2002-03-22 ·cited 15×
  Linda Meeks, as personal representative of her deceased husband's estate, appealed a summary judgment dismissing her wrongful death action against BellSouth for the electrocution death caused by a rotted utility pole. The court reversed, holding that material factual questions ex
• Myles Smyer v. Gaines
  332 So. 2d 655· Fla. 1st DCA· 1976-06-03 ·cited 14×
  Smyer appeals a wrongful death judgment after admitting liability for a fatal collision. The court addresses three issues: whether the surviving spouse's remarriage should mitigate damages, whether parents must incur expenses to replace lost services to recover, and whether the v
• Commercial Union Ins. Co. v. Rivera
  358 F.2d 480· 1st Cir.· 1966-03-25 ·cited 14×
  The court held that adult children have a cause of action under Puerto Rican law to recover damages for mental suffering caused by their father's injuries, and that the trial court did not abuse its discretion in denying a continuance or in upholding the jury's awards.
• McQUEEN v. Mohan W. Jersani, M.D.
  909 So. 2d 491· Fla. 5th DCA· 2005-08-26 ·cited 13×
  Virginia McQueen, as personal representative of her deceased husband's estate, appealed a judgment notwithstanding the verdict (JNOV) granted in a medical malpractice action against her husband's cardiologist. The court reversed, holding that the plaintiff presented sufficient co
• Kenan v. Black
  150 Fla. 208· Fla.· 1942-03-27 ·cited 12×
  The Florida Supreme Court reviewed a wrongful death judgment arising from a collision between a railroad train and a truck carrying a minor child at a grade crossing. The court affirmed the railroad company's liability for negligence but found the $15,000 damages award excessive,
• Nila Wilbur, M.D. v. Hightower
  778 So. 2d 381· Fla. 4th DCA· 2001-01-17 ·cited 11×
  In this medical malpractice wrongful death case, a jury awarded $2.4 million in damages against five doctors. The trial court granted a new trial on damages based on two comments by plaintiff's counsel during closing argument, deeming them "so egregious" as to constitute fundamen
• Johnson v. Clark
  484 F. Supp. 2d 1242· M.D. Fla.· 2007-04-18 ·cited 10×
  The court conditionally denied the defendant's motion for a new trial on damages, ordering a remittitur of the compensatory damages award from $1,000,000 to $500,000, and denied the motion for judgment as a matter of law on defamation claims.
• Hiatt v. United States
  910 F.2d 737· 11th Cir.· 1990-09-04 ·cited 10×
  The court held that the FTCA allows claims for omitted beneficiaries if the government had notice, and that estate taxes are not recoverable under the Florida Wrongful Death Act. It also adjusted contribution calculations and remanded the issue of contribution from the plane owne
• Richardson v. Knud Hansen Mem'l Hosp.
  744 F.2d 1007· 3d Cir.· 1984-09-28 ·cited 10×
  The court held that recoveries against the government in a wrongful death action resulting from medical malpractice may exceed the $25,000 limitation prescribed by the Virgin Islands Torts Claims Act.
• Woodman v. Dever
  367 So. 2d 1061· Fla. 1st DCA· 1979-02-02 ·cited 10×
  The dissenting opinion argues that a writ of certiorari should be issued to quash a circuit court's appellate decision which allowed a landlord to evict a tenant based on a "civil conviction" rather than the statutorily required criminal conviction.
• Williams v. Legree
  206 So. 2d 13· Fla. 2d DCA· 1968-01-19 ·cited 10×
  A mother can maintain a wrongful death action for her minor child's death even if the father is alive, but recovery for loss of services requires proof of support.
• R.J. Reynolds Tobacco Co. v. Odom
  210 So. 3d 696· Fla. 4th DCA· 2016-11-30 ·cited 9×
  R.J. Reynolds appeals a $18.5 million judgment in a wrongful death tobacco case brought by the representative of a deceased smoker's estate as an Engle class member. The Fourth District affirmed liability and reliance findings but reversed and remanded for remittitur of the compe
• Miami Dairy Farms, Inc. v. Tinsley
  121 Fla. 774· Fla.· 1935-11-27 ·cited 9×
  Miami Dairy Farms appeals a judgment awarding the father of a deceased minor child damages for wrongful death, including compensation for the mother's mental pain and suffering. The Florida Supreme Court affirms the judgment, upholding both the damages award and the father's stat
• Earl J. Roberts, M.D. v. Marvine Holloway and Irene Holloway as co-personal representatives of the Estate of Lorene Denise Holloway
  581 So. 2d 619· Fla. 4th DCA· 1991-06-05 ·cited 8×
  The court affirmed a judgment in a wrongful death action, holding that the trial court did not err in excluding evidence regarding the deceased child's potential decreased life expectancy and quality of life.
• Vickers v. Chiles Drilling Co.
  882 F.2d 158· 5th Cir.· 1989-08-31 ·cited 8×
  The court held that the district court's apportionment of liability to Ingersoll-Rand and its award for mental pain and suffering were not clearly erroneous, but that post-judgment interest should run from the date of the second judgment.
• Clark McPHAIL v. G. Frank Jenkins, D.D.S.
  382 So. 2d 1329· Fla. 1st DCA· 1980-04-25 ·cited 8×
  The court held that the Wrongful Death Act's definition of 'minor' at the time of the death, as interpreted by precedent, governed the claim, and the 1977 amendment could not be applied retroactively. The court also held that the allegations did not support claims for outrageous
• Williams v. United States
  681 F. Supp. 763· N.D. Fla.· 1988-03-18 ·cited 7×
  The court determined a fair and just damages award for wrongful death by averaging awards from similar Florida cases, considering factors like the child's age and the trend of decisions.
• Anda v. Ralston Purina
  959 F.2d 1149· 1st Cir.· 1992-03-25 ·cited 6×
  The court held that plaintiffs could not recover damages for relocation expenses they did not incur, and their tort claim was time-barred because the letters sent did not constitute a precise and specific extrajudicial claim to toll the statute of limitations.
• In re Standard Jury Instructions Civil Cases
  522 So. 2d 364· Fla.· 1988-03-17 ·cited 6×
  The Florida Supreme Court approved proposed amendments to standard jury instructions for civil cases, specifically updating instructions on wrongful death damages and the collateral source rule to conform to recent statutory changes and case law developments.