Speculative Damages

542 Florida cases classified under this topic, plus 11 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Sharick v. Se. Univ. OF THE Health Scis., Inc.
  780 So. 2d 142· Fla. 3d DCA· 2001-04-04
• Nutt v. Orange Cnty.
  769 So. 2d 453· Fla. 5th DCA· 2000-10-06
  The court held that a landowner whose property was partially condemned cannot recover severance damages based on speculation about future governmental action that might affect the remaining property. The court distinguished between compensation for known and imminent improvements
• M.J. Stavola Farms, Inc. v. Dep't of Transp.
  742 So. 2d 391· Fla. 5th DCA· 1999-08-27
  In this eminent domain case, the Florida Department of Transportation condemned 40.8 acres containing a limerock mine. The Fifth District Court of Appeal addressed the valuation of land damages to the fee owner and business damages to the lessee, ultimately affirming the jury's l
• Mastrantoni v. State
  722 So. 2d 251· Fla. 5th DCA· 1998-12-11
  The court held that restitution for a speculative loss on a failed sale and for a victim's son's psychiatric care was improper, but restitution for other stolen items was affirmed. The court also struck a provision for probation to run consecutively to future sentences.
• Richard and Eva Whalen v. Duane and Garnett Prosser
  719 So. 2d 2· Fla. 2d DCA· 1998-07-29
  The Whalens appealed the dismissal of their tort claim for intentional interference with an expectancy of inheritance against the Prossers, who allegedly influenced an elderly woman to change her will before her death. The court affirmed the dismissal, holding that such pre-death
• Cent. Fla. Plastering & Dev. v. Sovran Constr. Co., Inc.
  679 So. 2d 1226· Fla. 5th DCA· 1996-08-30
  Central Florida Plastering appealed a judgment awarding damages for both defective work and delay costs. The court affirmed damages for defective work but reversed the delay damages award due to insufficient evidentiary basis for the expert's opinion and improper consideration of
• Biscayne Aqua-Center, Inc. v. Hernandez
  630 So. 2d 620· Fla. 3d DCA· 1993-12-21
  Biscayne Aqua-Center appeals a jury verdict awarding over $500,000 to a woman injured when her boat encountered the wake of the defendant's 53-foot tour boat in Caesar's Creek. The appellate court reversed and remanded due to an erroneous jury instruction that improperly shifted
• Info. Res., Inc. v. United States
  996 F.2d 780· 5th Cir.· 1993-07-30
  The court held that the taxpayer was not entitled to a jury trial, that the district court did not err in awarding only $1,000 in damages, and that the district court did not err in denying attorney's fees.
• William A. Lester for the Bankrupt Estate of Daniel E. Harper v. Resolution Tr. Corp. for Arlington Heights Fed. Sav. & Loan Ass'n
  994 F.2d 1247· 7th Cir.· 1993-05-24
  The court held that the lender's obligation to fund the loan never matured because the borrower failed to satisfy conditions precedent, and therefore, there was no breach of contract.
• Koch Hydrocarbon Co. v. MDU Res. Grp., Inc.
  988 F.2d 1529· 8th Cir.· 1993-03-15
  The court held that the McKenzie contract's price term upon deregulation was ambiguous and remanded for consideration of parol evidence, but affirmed the market price determination for damages. The court also affirmed damages based on the capacity of the Phillips plant and affirm
• Lindy PEN Co., Inc. v. BIC PEN Corp.
  982 F.2d 1400· 9th Cir.· 1993-01-14
  The court affirmed the district court's denial of an accounting of profits and damages, finding no abuse of discretion, and denied Bic's cross-appeal.
• Pfanenstiel Architects, Inc. v. Chouteau Petroleum Co.
  978 F.2d 430· 8th Cir.· 1992-10-29
  The court held that a default judgment against one defendant does not preclude a contesting codefendant from challenging the plaintiff's claim for actual damages, and PAI failed to prove actual damages against the non-defaulting defendants.
• Roseburg Lumber Co. v. Madigan
  978 F.2d 660· Fed. Cir.· 1992-10-19
  The court held that while the Forest Service's misrepresentation of timber sale minimum bid rates was material, the plaintiff failed to prove it suffered injury as a result, and reformation was not appropriate under a mutual mistake theory.
• O'Banion v. Owens-Corning Fiberglas Corp. & the Celotex Corp.
  968 F.2d 1011· 10th Cir.· 1992-06-30
  The court held that the exclusion of cancer evidence was proper without a showing of reasonable medical probability, and while admitting former testimony without a finding of unavailability was an abuse of discretion, it was not prejudicial. The state of the art jury instruction
• Belanger v. Boise Cascade Corp.
  968 F.2d 254· 2d Cir.· 1992-06-29
  The court held that while there was sufficient evidence of a breach of contract, the directed verdict was proper because the plaintiff failed to prove damages, as her voluntary resignation from subsequent employment was the cause of her lost wages.
• Stephens, Inc. v. Geldermann, Inc.
  962 F.2d 808· 8th Cir.· 1992-04-24
  The court affirmed the district court's judgment, finding no reversible error in the admission of evidence, the award of compensatory or punitive damages, the dismissal of the RICO claim, or the granting of a set-off.
• Lonney H. White, Jr. v. Atl. Richfield Co.
  945 F.2d 1130· 9th Cir.· 1991-10-01
  The court held that the plaintiffs presented sufficient evidence of market value to create a genuine issue of material fact, precluding summary judgment.
• John A. Henry & Co., Ltd. v. T.G. & Y. Stores Co.
  941 F.2d 1068· 10th Cir.· 1991-08-12
  The court held that the district court did not err in submitting the contract and wrongful interference claims to the jury, permitting an award of punitive damages, or providing jury instructions before deliberations.
• Pilgrim v. Crescent Lake Mobile Colony, Inc.
  582 So. 2d 649· Fla. 2d DCA· 1991-05-24
  The appellate court affirmed in part and reversed in part a trial court's order granting relief from judgment to correct an oversight in reserving jurisdiction, and a final judgment awarding attorney's fees and establishing liens for a law firm.
• Harbor House Condo. Ass'n & Unit 1 Corp. v. Mass. BAY Ins. Co.
  915 F.2d 316· 7th Cir.· 1990-10-09
  The court held that plaintiffs failed to provide sufficient evidence of the extent or amount of their damages, thus failing to meet their burden of proof for recovery under the insurance policy.
• Triple R Indus., Inc. v. Century Lubricating Oils, Inc.
  912 F.2d 234· 8th Cir.· 1990-08-21
  The court held that the evidence presented was insufficient to establish lost prospective profits with reasonable certainty, and the jury's damage award was therefore not supported.
• Hughes v. Ranker Motor Sales, Inc.
  536 So. 2d 1144· Fla. 2d DCA· 1988-12-28
  Hughes appealed a judgment awarding him $3,000 in damages for negligent bailment of his Porsche. The appellate court reversed in part, reinstating Hughes's dismissed civil theft claim and vacating the inadequate damage award, finding the trial court erred in dismissing the civil
• Conoco, Inc. v. Inman OIL Co., Inc.
  815 F.2d 514· 8th Cir.· 1987-04-06
  The court held that the damages awarded for lost profits were appropriate and that the plaintiff was not entitled to additional damages for delivery costs or for the business's eventual closure.
• Doran Jason Co. v. Braddon
  497 So. 2d 286· Fla. 3d DCA· 1986-10-14
  A real estate broker appealed a jury verdict awarding him $1,830,914 in damages for breach of contract. The appellate court reversed the damages award, finding it was based on speculative future lease option exercises that had not yet occurred and were not conditioned precedents
• Whitaker-Merrell Co. v. Profit Counselors, Inc.
  748 F.2d 354· 6th Cir.· 1984-11-26
  The court held that the contract required the defendant to provide only a method for overhead allocation, not specific percentage mark-ups, and that the defendant did not breach its contractual or tort duties.
• Culver v. Slater Boat Co.
  688 F.2d 280· 5th Cir.· 1982-09-22
• Hawthorne Indus., Inc. v. Balfour MacLaine Int'l, Ltd.
  676 F.2d 1385· 11th Cir.· 1982-05-28
  The court held that the district court's findings of fact and conclusions of law regarding the speculative nature of consequential damages were unclear and vacated them for further findings.
• Dougherty v. Wainwright
  1980 U.S. Dist. LEXIS 12023· M.D. Fla.· 1980-06-24
• Haas v. Rosella F. Lavin
  625 F.2d 1384· 10th Cir.· 1980-04-25
  The court held that there was sufficient evidence to support the jury's findings of liability for negligence and nuisance, and the award of damages, based on the defendants' failure to properly till their farmland, causing dust to blow onto the plaintiff's property.
• Hannah v. Perego
  381 So. 2d 1085· Fla. 1st DCA· 1979-07-10
  This case involves a mortgage foreclosure dispute between Hannah and Perego over a funeral business property. The trial court denied Hannah's foreclosure and awarded Perego damages for breach of fiduciary duty and conversion, but the appellate court partially reversed, holding th
• Dewoody & Hamner, P. A. v. Gregory
  47 Fla. Supp. 10· Palm Beach Cty. Cir. Ct.· 1978-03-23
  An accounting firm sued a former employee for breaching a non-competition clause in his employment agreement by soliciting clients after his resignation. The court upheld the validity of the non-compete clause as reasonable, awarded liquidated damages of $8,656.21, and issued a t
• Texaco Exp., Inc. v. Overseas Tankship Corp.
  573 F.2d 717· 2d Cir.· 1978-03-02
• United States v. Dura-Lux Int'l Corp.
  529 F.2d 659· 8th Cir.· 1976-01-21
  The court held that the defendants' defense of failure of consideration and their counterclaim for lost profits lacked merit, warranting affirmance of the summary judgment.
• Vt. Food Indus., Inc. v. Ralston Purina Co.
  514 F.2d 456· 2d Cir.· 1975-03-24
  The court held that there was sufficient evidence to support the jury's verdict for the egg producer on breach of implied warranties and that the damages were not speculative.
• Wolfson v. The United States
  492 F.2d 1386· Ct. Cl.· 1974-03-20
  The court held that the plaintiff is not entitled to recover lost earnings because his interim earnings exceeded his potential earnings, and his claims for lost future opportunities were too speculative.
• Div. OF Bond Fin. OF the Dep't OF Gen. Servs. of the State of Fla. v. Rainey
  275 So. 2d 551· Fla. 1st DCA· 1973-04-03
  The State of Florida appealed a jury verdict awarding $1,329,000 in compensation for land taken by eminent domain, challenging the trial court's allowance of expert testimony regarding the enhanced value from development investments. The court affirmed, holding that investments m
• City OF Miami v. Crouch
  249 So. 2d 739· Fla. 3d DCA· 1971-06-29
  The City of Miami appealed a jury verdict awarding Crouch $19,500 in damages for false arrest by a police officer. The appellate court affirmed that the arrest was unlawful but reversed and remanded for a new trial on damages, finding the evidence insufficient to support the clai
• Merovka v. Renwick L. Allen and Courtney Vallentine
  410 F.2d 1307· 10th Cir.· 1969-05-20
  The court held that while the federal officials acted improperly and beyond their authority in attempting to prevent hunting by misapplying federal regulations, the jury's award of damages was based on speculative evidence and an improper jury instruction on conspiracy.
• Butler v. Mirabelli
  179 So. 2d 868· Fla. 2d DCA· 1965-10-21
  Butler, who regained possession of a yacht from Mach II, appeals a replevin judgment that awards him possession of the vessel subject to Mirabelli's chattel mortgage lien and interest damages rather than loss-of-use damages. The court affirms, holding that the trial court properl
• Jacksonville Blow Pipe Co. v. Trammell Hardwood Flooring Co.
  264 F.2d 717· 5th Cir.· 1959-03-10
  The court held that business losses resulting from an actor's admitted negligence may be recovered if clearly and fairly shown, even if profits are generally considered speculative.
• COX v. Remillard
  237 F.2d 909· 9th Cir.· 1956-10-18
  The court held that the Oregon Wrongful Death Act is not unconstitutional as applied to the death of a minor child, and the damages awarded were not excessive.
• Linard v. Pa. R. Co.
  181 F.2d 342· 6th Cir.· 1950-04-21
  The court held that an action for damages caused by fraud in obtaining a release for personal injuries is barred by the statute of limitations, as it is essentially an action sounding in tort for the original injury.
• Morrison Cafeteria Co. v. Shamhart
  160 Fla. 540· Fla.· 1948-06-08
  A cafeteria may be enjoined from allowing its waiting customers to block access to an adjacent business's entrance on the public sidewalk, but the injunction must permit reasonable supervision of customer lines on the premises.
• Wash. Sand & Gravel Co. v. Brann & Stuart Co.
  162 F.2d 826· 3d Cir.· 1947-07-14
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial because the appellant failed to provide sufficient, non-speculative proof of damages.
• Peyton v. Ry. Express Agency, Inc.
  158 F.2d 671· 5th Cir.· 1946-12-19
  The court held that the special damages sought by the plaintiff were too speculative to be recoverable, even if the delay was negligent.