Nominal Damages

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

• Onontario OF Fla., Inc. v. R. P. Trucking Co., Inc.
  399 So. 2d 1117· Fla. 4th DCA· 1981-06-24 ·cited 18×
  This appeal addresses a trial court's erroneous grant of a directed verdict motion in a breach of contract case and improper exclusion of evidence. The appellate court reversed, holding that a plaintiff establishing breach of contract is entitled to nominal damages even without p
• Hochman v. Lazarus Homes Corp.
  324 So. 2d 205· Fla. 3d DCA· 1975-11-25 ·cited 18×
  The Hochmans purchased a home from Lazarus Homes Corporation under a deposit receipt agreement that allegedly contained a discrepancy in mortgage interest rates (7.5% promised vs. 8.5% actual). The trial court dismissed their amended complaint for damages, but the appellate court
• Mrs. Betty G. Wingerter v. Md. Cas. Co. & Aetna Cas. & Sur. Co.
  313 F.2d 754· 5th Cir.· 1963-01-30 ·cited 18×
  A jury verdict awarding zero damages is not invalid and does not necessitate a new trial, especially when the jury may have found no liability or no damages.
• W. Union Tel. Co. v. Wells
  50 Fla. 474· Fla.· 1905-06-01 ·cited 18×
  Western Union refused to pay Wells $25 it owed him due to a transmission error in the recipient's name, forcing Wells to travel 36+ hours with his wife and children without food or means to purchase it. The Florida Supreme Court affirmed the jury verdict awarding substantial dama
• MSM Golf, L.L.C. v. Newgent
  853 So. 2d 1086· Fla. 5th DCA· 2003-07-25 ·cited 17×
  The court held that the trial court abused its discretion by denying a new trial on all issues when the jury returned an inconsistent verdict finding breach of contract but awarding no damages.
• Saunders v. Chatham Cnty. Bd. OF Comm'rs
  728 F.2d 1367· 11th Cir.· 1984-03-30 ·cited 17×
  The court held that the evidence was sufficient to submit the case to the jury and that the trial court did not err in its evidentiary rulings or jury instructions.
• AMC/Jeep OF Vero Beach, Inc. v. Funston
  403 So. 2d 602· Fla. 4th DCA· 1981-09-16 ·cited 17×
  Clark & Funston, Inc. purchased the assets of AMC/Jeep of Vero Beach and operated the dealership briefly before failing. After the business collapsed, Clark & Funston sued AMC/Jeep and its president Roy Chapin for damages, claiming breach of contract regarding fixture warranties,
• Christopher v. Clement Bernard Bonifay
  577 So. 2d 617· Fla. 1st DCA· 1991-03-18 ·cited 16×
  In a personal injury action, the Florida First District Court of Appeal reversed a jury's zero damage verdict on the husband's loss of consortium claim, finding substantial undisputed evidence that the wife's required hospitalization and post-discharge convalescence period entitl
• Fyfe v. Curlee
  902 F.2d 401· 5th Cir.· 1990-06-05 ·cited 16×
  The court held that a public school district violated an employee's First and Fourteenth Amendment rights by transferring her to a menial position in retaliation for enrolling her child in private school, and that the district failed to demonstrate the transfer was necessary for
• Smith v. Houston
  551 So. 2d 551· Fla. 2d DCA· 1989-09-29 ·cited 16×
  The Smiths appealed a personal injury damages award following a garbage truck accident. The court affirmed the jury's verdict on Mrs. Smith's claim but reversed and remanded the trial court's denial of a new trial on Mr. Smith's loss of consortium claim, finding he was entitled t
• Short v. Ehrler
  510 So. 2d 1110· Fla. 4th DCA· 1987-08-05 ·cited 16×
  In a negligence case involving a rear-end automobile collision, the jury returned a zero verdict on damages despite uncontroverted expert testimony that the plaintiff sustained some aggravation of a preexisting injury. The court reversed, holding that the jury's verdict was unrea
• Keehr v. Consol. Freightways OF Del., Inc.
  825 F.2d 133· 7th Cir.· 1987-07-15 ·cited 16×
  The court held that the defendant's tort claims were not preempted by federal labor law, the jury verdicts were not inconsistent, and the damages awarded were not excessive.
• Zayre Corp. v. Creech
  497 So. 2d 706· Fla. 4th DCA· 1986-11-12 ·cited 16×
  Zayre Corporation appeals a judgment awarding damages for breach of an employment contract. The appellate court reverses, holding that because the employee mitigated his damages by earning more from subsequent employment than he was owed under the breached contract, he is entitle
• Lemuel Smith v. Coughlin
  748 F.2d 783· 2d Cir.· 1984-11-16 ·cited 16×
  The court held that while most conditions of confinement in the Unit of Condemned Persons were constitutional, the ban on visits by paralegals employed by the inmate's attorney violated the Sixth Amendment, entitling the inmate to nominal damages.
• Wolfel v. Bates
  707 F.2d 932· 6th Cir.· 1983-06-03 ·cited 16×
  The court held that prison officials violated an inmate's First Amendment right to petition by disciplining him for a complaint without proving it was false or malicious, and affirmed the award of nominal damages.
• Hanft v. S. Bell Tel. & Tel. Co.
  402 So. 2d 453· Fla. 3d DCA· 1981-07-21 ·cited 16×
  A physician was omitted from the defendant telephone company's yellow pages listing for two years despite his request. The trial court directed a verdict in favor of the defendant based on the affirmative defense of settlement and compromise. The appellate court reversed, holding
• Buono Sales, Inc. v. Chrysler Motors Corp.
  449 F.2d 715· 3d Cir.· 1971-09-21 ·cited 16×
  The court held that the district court erred in calculating damages by failing to account for profits plaintiff gained from expanded Plymouth sales after the DeSoto discontinuation, and remanded for a recalculation. It affirmed the dismissal of the tortious interference and statu
• Beverly Health & Rehab. Servs., Inc. v. Freeman
  709 So. 2d 549· Fla. 2d DCA· 1998-02-20 ·cited 15×
  Beverly Health appeals a trial court's order granting a new trial after a jury found the nursing home violated a resident's statutory rights but awarded no damages. The appellate court reverses, holding the jury properly followed instructions by not determining damages when it fo
• Jack E. Kirkland and wife Ramona Kirkland v. Allstate Ins. Co.
  655 So. 2d 106· Fla. 1st DCA· 1995-01-19 ·cited 15×
  The court held that the trial court erred in denying a new trial for inadequate zero verdicts on claims for future noneconomic damages and loss of consortium, and in improperly reducing the damage award based on collateral source payments.
• Alain Scofield v. City OF Hillsborough
  862 F.2d 759· 9th Cir.· 1988-12-07 ·cited 15×
  Due process does not require pre-towing notice for vehicles unregistered for over a year, but a post-towing hearing may be constitutionally required if timely requested and denied.
• Fong v. Batton
  214 So. 2d 649· Fla. 3d DCA· 1968-10-15 ·cited 15×
  The Fongs appealed from a summary judgment awarding Catherine Batton damages and fee simple title for alleged breach of the covenant of seisin in a warranty deed. The court reversed, holding that an unrecorded link in the chain of title does not constitute a breach of the covenan
• Atl. Co. v. Orendorff
  156 Fla. 1· Fla.· 1945-05-11 ·cited 15×
  Atlantic Company appeals from a jury verdict awarding $750 in damages to a restaurant operator who received contaminated beer bottles. The Florida Supreme Court reverses and remands, holding that while the plaintiff proved a prima facie case of negligence in selling contaminated
• Imperial Majesty Cruise Line, LLC v. Weitnauer Duty Free, Inc.
  987 So. 2d 706· Fla. 4th DCA· 2008-06-11 ·cited 14×
  The court held that a plaintiff must prove actual damages to establish a claim for tortious interference with a contract or business relationship, and that the defendant's conduct was not sufficiently reprehensible to warrant punitive damages.
• Bennie Brewer v. Chauvin
  938 F.2d 860· 8th Cir.· 1991-07-10 ·cited 14×
  A plaintiff awarded back pay for a procedural due process violation must prove that the deprivation of property would not have occurred if proper procedures had been followed; otherwise, back pay is a windfall.
• Fleming v. Albertson's, Inc.
  535 So. 2d 682· Fla. 1st DCA· 1988-12-22 ·cited 14×
  The court reversed a zero-dollar judgment for loss of consortium, finding that the trial court erred in allowing workers' compensation benefits to become a feature issue and in denying a collateral source instruction, while affirming the denial of an assumption of risk instructio
• Stevens v. Tillman
  855 F.2d 394· 7th Cir.· 1988-08-18 ·cited 14×
  The court held that statements of opinion are not actionable under Illinois law unless they imply undisclosed defamatory facts, and that the term 'racist' is not actionable per se.
• Walje v. The City OF Winchester
  773 F.2d 729· 6th Cir.· 1985-09-30 ·cited 14×
  The court held that general damages are available for violations of substantive constitutional rights, even without proof of actual injury, and that attorney fee awards must be explained with sufficient specificity.
• Jewell Nephew v. City OF Aurora
  766 F.2d 1464· 10th Cir.· 1985-07-10 ·cited 14×
  In a § 1983 case seeking monetary damages, attorney's fees awarded to prevailing plaintiffs must be reduced when they recover only nominal damages, reflecting their limited success.
• LEE Cnty. Bank v. Errol B. Winson
  444 So. 2d 459· Fla. 2d DCA· 1983-12-30 ·cited 14×
  Lee County Bank appeals a jury verdict awarding compensatory and punitive damages in a conversion action arising from the bank's repossession and sale of Winson's automobile. The court reversed the punitive damages award and remanded the compensatory damages for recalculation usi
• Loraine Pollock v. Baxter Manor Nursing Home
  706 F.2d 236· 8th Cir.· 1983-04-27 ·cited 14×
  A liberty interest is not implicated in employee discharge cases unless the employer disseminates false and defamatory charges.
• Lancaster v. Rodriguez
  701 F.2d 864· 10th Cir.· 1983-03-08 ·cited 14×
  A plaintiff seeking damages under § 1983 must prove actual injury; in the absence of such proof, only nominal damages are recoverable, even for Eighth Amendment violations.
• Dean v. Civiletti
  670 F.2d 99· 8th Cir.· 1982-02-09 ·cited 14×
  The court held that while the plaintiff was entitled to nominal damages and attorney's fees for the proven discrimination in withdrawing a job vacancy, she was not entitled to back pay or reinstatement as she was not constructively discharged and her requested relief was not just
• Barnett Guthartz v. Lewis
  408 So. 2d 600· Fla. 3d DCA· 1981-12-08 ·cited 14×
  Apartment complex owner Guthartz was sued by tenants who claimed they were overcharged on rent and security deposits in violation of an FHA regulatory agreement. The trial court found liability, awarded compensatory damages of over $105,000 plus punitive damages of $1 million and
• W. Union Tel. Co. v. Hyer Bros.
  22 Fla. 637· Fla.· 1886-06-01 ·cited 14×
  Western Union Telegraph Company appeals a judgment awarding Hyer Bros. $618.90 in damages for non-delivery of a cablegram that prevented them from completing a profitable vessel charter. The Florida Supreme Court affirms, holding that telegraph companies are liable for damages na
• N. Star Cap. Acquisitions, LLC v. Krig
  611 F. Supp. 2d 1324· M.D. Fla.· 2009-04-21 ·cited 13×
  The court held that the litigation privilege does not apply to the specific conduct at issue and that genuine issues of material fact exist regarding violations of the FDCPA and FCCPA, precluding summary judgment.
• Med. JET, S.A. v. Signature Flight Supportpalm Beach, Inc.
  941 So. 2d 576· Fla. 4th DCA· 2006-11-15 ·cited 13×
  For breach of contract actions, the statute of limitations begins to run at the time of the breach, not when the plaintiff later suffers or discovers actual damages. Thus Medical Jet's claim accrued in April 1998 when Signature returned the defective aircraft, not in May 1999 whe
• Meldon Rich v. Essie Spivey and Mary Grimsley
  922 So. 2d 326· Fla. 1st DCA· 2006-02-22 ·cited 13×
  A default admits liability but not the specific amount of unliquidated damages, requiring a hearing to determine them.
• Horn v. Corkland Corp.
  518 So. 2d 418· Fla. 2d DCA· 1988-01-06 ·cited 13×
  The Horns sued Corkland and Scarborough for trespass after the defendants cleared a waterway on their property to alleviate flooding, destroying trees in the process. The trial court directed a verdict for trespass with nominal damages of $1.00, vacated a jury award of $25,000 in
• Normil Normius v. Eckerd Corp.
  813 So. 2d 985· Fla. 2d DCA· 2002-03-15 ·cited 12×
  Normius sued Eckerd Drug Store for false imprisonment and intentional infliction of emotional distress after being detained and searched when an anti-shoplifting alarm sounded as he left the store. The trial court granted a directed verdict on the emotional distress claim and red
• 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.
• DiMASSIMO v. City OF Clearwater
  805 F.2d 1536· 11th Cir.· 1986-12-19 ·cited 12×
  The court held that tenants have a protectable property interest in continued utility service under Florida law, requiring pre-termination notice from the City to prevent constructive eviction, but rejected claims for substantive due process and equal protection violations.
• Stein v. The Bd. OF the City OF NEW York
  792 F.2d 13· 2d Cir.· 1986-05-22 ·cited 12×
  The court held that Stuart Stein had a protected property interest in his continued employment with ACJ, and that the Board of Education's actions deprived him of due process by failing to provide adequate notice and a fair hearing. However, the court also held that the case must
• Abdul Beyah v. Baez
  789 F.2d 986· 2d Cir.· 1986-05-02 ·cited 12×
  The court held that the district court improperly granted summary judgment because the defendants' evidence did not comply with Rule 56(e) and genuine issues of material fact remained regarding the composition of the soap provided to inmates.
• Smith v. Major DeBARTOLI
  769 F.2d 451· 7th Cir.· 1985-08-07 ·cited 12×
  The court affirmed the district court's decision, holding that while a due process violation occurred, nominal damages were appropriate as the plaintiff's guilty plea meant the outcome would have been the same. The denial of costs was also upheld.
• Fast v. The Sch. Dist. OF City OF Ladue
  712 F.2d 379· 8th Cir.· 1983-07-28 ·cited 12×
  A plaintiff is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1983 if they do not succeed on any significant issue which achieves some of the benefit sought.
• Ronald W. Kitzinger and Delores v. Kitzinger
  432 So. 2d 188· Fla. 1st DCA· 1983-05-25 ·cited 12×
  Gulf Power Company sought a mandatory injunction to remove a corner of the Kitzingers' house that encroached 18.06 feet into Gulf Power's electrical transmission line easement acquired in 1926. The circuit court denied the injunction but imposed an unliquidated lien on the homest
• Segarra v. M.J. McDADE
  706 F.2d 1301· 4th Cir.· 1983-04-26 ·cited 12×
  A prison official's systematic and arbitrary prohibition of an inmate's right to call live witnesses in disciplinary hearings violates due process, even if the official has discretion to deny witnesses in specific cases.
• Bradley v. Coughlin
  671 F.2d 686· 2d Cir.· 1982-01-27 ·cited 12×
  The court held that the prisoner's pro se complaint adequately stated claims for damages and that his first notice of appeal was timely and sufficient to confer appellate jurisdiction.
• Julianna McKENNA and Alice Brown v. Peekskill Hous. Auth.
  647 F.2d 332· 2d Cir.· 1981-04-22 ·cited 12×
  The court held that the housing authority's rule requiring registration and permission for overnight guests infringed tenants' constitutional rights of association and privacy, and that the damage claims were not moot despite the rule's rescission.
• United States v. Snepp
  595 F.2d 926· 4th Cir.· 1979-03-20 ·cited 12×
  The court held that the government's claim for damages was primarily equitable in nature, seeking unjust enrichment, and thus did not necessitate a jury trial, even though punitive damages were mentioned.