Mental Pain And Suffering

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

• Petrella v. Bassam T. Kashlan, M.D.
  826 F.2d 1340· 3d Cir.· 1987-08-27 ·cited 6×
  The court held that prior settlements should not be fully credited against potential recovery if they compensated for damages not recoverable under New Jersey law, and that a dismissal based on full compensation was improper.
• Powell v. Marcus
  127 Fla. 203· Fla.· 1937-02-26 ·cited 6×
  A child was killed by a railroad train at a surface crossing near a station where the railroad was operating two trains simultaneously on parallel tracks. The plaintiff father recovered $3,500 in damages for loss of services and mental suffering, but the Florida Supreme Court fou
• Tampa Elec. Co. v. Knowles
  91 Fla. 1032· Fla.· 1926-06-03 ·cited 6×
  The Florida Supreme Court reviewed a wrongful death case where a child was struck by a street car. The court found that while liability might exist, the parents' contributory negligence was not properly accounted for in the damages awarded.
• Clare Snoozy v. United States Gypsum Co.
  695 So. 2d 767· Fla. 3d DCA· 1997-04-23 ·cited 5×
  Clare Snoozy, as representative of her deceased husband's estate, appealed a jury verdict in an asbestos-related wrongful death case against United States Gypsum Company. The court affirmed the liability finding but reversed the award of zero damages to the minor children, findin
• Ola B. Hahn v. Hahn
  153 Fla. 584· Fla.· 1943-10-15 ·cited 5×
  In this 1943 divorce case, the Florida Supreme Court reversed a dismissal of the wife's divorce complaint, holding that a husband's deliberate course of psychological cruelty—repeatedly telling his wife he did not love her, that he married her by mistake, and that he loved anothe
• Kelly v. Georgia-Pacific, LLC
  211 So. 3d 340· Fla. 4th DCA· 2017-02-22 ·cited 4×
  The Florida Fourth District Court of Appeal held that the Florida Wrongful Death Act does not explicitly abrogate the common law requirement that a spouse must have been married to the decedent before the date of injury to recover loss of consortium damages. The court affirmed th
• Est. of McCall v. United States
  663 F. Supp. 2d 1276· N.D. Fla.· 2009-09-30 ·cited 4×
  The United States is liable under the FTCA for the death of a patient due to medical negligence by Air Force personnel, as their actions fell below the applicable standard of care and proximately caused the death.
• Grayson v. United States
  748 F. Supp. 854· S.D. Fla.· 1990-09-27 ·cited 4×
  The court held that the Navy breached its duty of reasonable care by failing to maintain Pier D-3 with adequate lighting, markings, and guardrails, leading to the deaths of the Grayson family.
• Guarniere v. Henderson
  171 So. 2d 617· Fla. 1st DCA· 1965-02-16 ·cited 4×
  A Florida appellate court answered a certified question regarding whether a father may sue for the wrongful death of his married adult daughter under Section 768.03. The court held that marriage removes the legal status of 'minor' under the wrongful death statute, so parents of a
• Steele v. Miami Transit Co.
  160 Fla. 362· Fla.· 1948-03-19 ·cited 3×
  This case involves two consolidated lawsuits arising from a fatal car accident. The Florida Supreme Court addressed appeals concerning the adequacy of a jury verdict for the father and the timeliness of a motion for new trial regarding a verdict for the estate. The court found th
• Douglas W. David, D.O. v. Brown
  774 So. 2d 775· Fla. 4th DCA· 2000-12-06 ·cited 2×
  A jury found a physician guilty of medical malpractice in a wrongful death action and awarded $7.77 million in damages. The appellate court affirmed the verdict and the admission of evidence regarding the surviving spouse's traumatic childhood, holding such evidence was probative
• Synergy GAS Corp. v. Idella Johnson
  627 So. 2d 539· Fla. 3d DCA· 1993-11-16 ·cited 2×
  Synergy Gas Corporation appeals a wrongful death verdict arising from a gas explosion that killed Lend Grant and his wife. The court affirmed the jury's liability findings and most damage awards but reversed the trial court's denial of a new trial regarding the estate's net accum
• Copp v. Unified Sch. Dist. #501
  882 F.2d 1547· 10th Cir.· 1989-08-21 ·cited 2×
  The dissenting judge believes the majority erred in finding the employee's speech protected and that he met his burden of proof.
• Wade v. Alamo Rent-A-Car, Inc.
  510 So. 2d 642· Fla. 4th DCA· 1987-07-29 ·cited 2×
  Parents cannot recover medical expenses or lost wages for psychiatric treatment or lost work occasioned by a child's death, and the collateral source statute applies to wrongful death actions.
• Krouse v. Krouse
  489 So. 2d 106· Fla. 3d DCA· 1986-05-13 ·cited 2×
  Steven Krouse, as personal representative of his deceased minor son's estate, appealed a summary judgment dismissing his negligence suit against his ex-wife Carole Krouse and her insurer based on interspousal tort immunity. The court reversed in part, holding that the doctrine of
• Ocean Drilling & Exploration Co. & Ins. Co. of N. Am. v. Russell
  408 F.2d 319· 5th Cir.· 1969-02-21 ·cited 2×
  The court held that the jury charge regarding mental pain and suffering and future earnings was supported by the evidence, and that prospective jurors who had served in the current term were not subject to challenge for cause under the former statute.
• Zimmerman v. Cruz & Garcia
  449 So. 2d 996· Fla. 4th DCA· 1984-05-16 ·cited 1×
  The Fourth District Court of Appeal reversed a summary judgment that denied standing to minor children to sue for their mother's wrongful death under Florida's Wrongful Death Act, holding that non-financially dependent minor children may still qualify as "survivors" if dependent
• Bassett v. Merlin, Inc.
  335 So. 2d 273· Fla.· 1976-05-28 ·cited 1×
  The court held that Section 768.21(6)(a), Florida Statutes, is constitutional, and parents of an adult child cannot recover damages for mental pain and suffering under it.
• Goodloe v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2019-10-01
  Passenger Richard Puchalski died aboard a Royal Caribbean cruise ship after a ship's physician, Dr. Saunders, evaluated him for shortness of breath, prescribed medications, and released him without further testing or hospitalization; his daughter, as estate representative, sued f
• Bank of N.Y. v. Obermeyer
  260 So. 3d 1155· Fla. 3d DCA· 2018-12-26
  Bank of New York appeals a trial court order denying its motion to vacate sanctions imposed for repeatedly failing to appear at three scheduled trial dates in a foreclosure case. The court affirmed the sanctions award, which included the borrowers' counsel travel costs from Saras
• Graber v. The Joseph L. Morse Geriatric Ctr., Inc.
  837 So. 2d 473· Fla. 4th DCA· 2002-12-26
  The court reversed a summary judgment that struck survivor damage claims in a nursing home negligence case, holding that Florida's resident rights statute (§ 400.023) permits a personal representative to recover survivor damages under the Wrongful Death Act when the resident's de
• Dotson Woods v. Est. OF Jeremy C. Woods
  770 So. 2d 1270· Fla. 3d DCA· 2000-11-15
  Florida appellate court affirmed trial court's allocation of wrongful death settlement proceeds entirely to the mother of a minor decedent, finding no abuse of discretion where the father had minimal contact and provided no support.
• Milt Millman v. Howard Johnson's Co.
  533 So. 2d 901· Fla. 3d DCA· 1988-11-15
  A hotel guest won a $50,000 jury verdict (reduced to $25,000 after comparative negligence) for damages from an armed robbery in his locked motel room. The trial court erroneously reduced the judgment to $500 under a statutory liability cap, but the appellate court reversed, holdi
• Davis v. Fla. Power Co.
  68 Fla. 127· Fla.· 1914-10-29
  Davis sued Florida Power Company for wrongful death of his minor child. After the Supreme Court previously reversed a judgment on demurrer and held the declaration sufficient, the trial court ordered reformation of the pleadings. The Supreme Court now reverses, holding that the t