Speculation And Conjecture In Damages

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• Miami Beach Lerner Shops, Inc. v. Walco Mfg. OF Fla., Inc.
  106 So. 2d 233· Fla. 3d DCA· 1958-11-13 ·cited 35×
  Miami Beach Lerner Shops appealed a decree awarding damages for allegedly copying a beach coat design belonging to Walco Manufacturing. The court reversed in part, reducing actual damages from $2,014.50 to $266.50 because the higher award was based on speculation, but upheld puni
• Marshall Constr., Ltd. v. Coastal Sheet Metal & Roofing, Inc.
  569 So. 2d 845· Fla. 1st DCA· 1990-11-06 ·cited 25×
  The court held that there was no substantial competent evidence to support the trial court's findings that Marshall breached the contract or that Coastal was entitled to damages.
• Mountain States Tel. & Tel. Co., Inc. v. Hinchcliffe
  204 F.2d 381· 10th Cir.· 1953-05-12 ·cited 18×
  A telephone company's negligent failure to provide adequate service resulting in actual pecuniary loss allows recovery for inconvenience and business interference, and loss of profits can be awarded if supported by the best available evidence, even if approximate.
• The Travelers Indem. Co. v. Peacock Constr. Co.
  423 F.2d 1153· 5th Cir.· 1970-02-27 ·cited 12×
  The court held that a surety claiming by subrogation cannot recover statutory attorney fees or interest when the litigation was necessitated by its principal's default and breach of contract.
• Arvid Halvorsen v. Dunlap
  495 F.2d 817· 8th Cir.· 1974-04-29 ·cited 10×
  The court held that under South Dakota law, the "pecuniary injury" in a wrongful death action can include the loss of the decedent's advice, comfort, assistance, and protection, and that evidence of the decedent's plans for a resort was admissible to show potential pecuniary loss
• Safe-T-Lawn, Inc. v. Agric. Eng'g Ass'n
  235 So. 2d 25· Fla. 3d DCA· 1970-05-05 ·cited 8×
  Safe-T-Lawn appealed a judgment in favor of Agricultural Engineering Association on a counterclaim for breach of an oral agreement to reimburse repair costs for defective units. The court affirmed damages for 820 defective units but reversed and remanded for a new trial on damage
• MOE Light, Inc. v. Foreman
  238 F.2d 817· 6th Cir.· 1956-12-21 ·cited 8×
  The court held that expert medical testimony regarding future loss of earning ability is admissible, even if it involves future probabilities, and that the jury's verdict was not excessive.
• Wolff & Munier, Inc. v. The Whiting-Turner Contracting Co.
  946 F.2d 1003· 2d Cir.· 1991-10-15 ·cited 6×
  The court held that while both parties breached the subcontract, the district court erred in its calculation of damages for both parties, requiring a remand for recalculation under New York law.
• United States v. Scrinopskie
  179 F.2d 959· 5th Cir.· 1950-02-06 ·cited 6×
  The court held that the evidence presented was insufficient to support the damages awarded, as it relied on speculation and conjecture rather than clear and convincing proof of specific loss.
• John E. Green Plumbing & Heating Co., Inc. v. Turner Constr. Co.
  742 F.2d 965· 6th Cir.· 1984-08-29 ·cited 2×
  The court held that the 'no-damage-for-delay' clause in the construction contract did not bar claims for damages caused by Turner's hindrances, but affirmed the judgment because the plaintiff failed to adequately prove its damages.
• Horowitz v. Allied Marine, Inc
  S.D. Fla.· 2024-07-08
  The court denied the defendant's motion for a new trial, finding the jury's damages award was supported by the evidence and within a reasonable range. The court also addressed cross-motions to tax costs.