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

• Wash-Bowl, Inc. v. Wroton
  432 So. 2d 766· Fla. 2d DCA· 1983-06-10 ·cited 27×
  The court held that damages for lost profits are not recoverable for an untried venture with no history of operation or profits, as such an award would be speculative.
• Harvey Corp. v. Universal Equip. Co.
  158 Fla. 644· Fla.· 1947-03-28 ·cited 27×
  Harvey Corporation leased a seasonal hotel from Bertsol, Inc., which was requisitioned by the Army during World War II. When the Army returned the property to the new owner, Universal Equipment Co., the owner refused to return it to the lessee. The Florida Supreme Court reverses
• Aldon Indus., Inc. v. DON Myers & Assocs., Inc.
  517 F.2d 188· 5th Cir.· 1975-08-07 ·cited 26×
  The court held that a seller can recover the price of accepted goods based on a computer printout of accounts receivable if delivery is proven. However, a buyer cannot recover consequential damages for lost prospective profits based on speculative evidence of causation and amount
• Kennedy & ELY Ins., Inc. v. Am. Emp'rs' Ins. Co.
  179 So. 2d 248· Fla. 3d DCA· 1965-10-19 ·cited 26×
  The court held that while a conversion of property occurred, the evidence presented was insufficient to allow the jury to accurately determine damages, rendering the award speculative.
• ALL Fla. Sur. Co. v. Vann
  128 So. 2d 768· Fla. 3d DCA· 1961-04-06 ·cited 26×
  This case involves an appeal from an order assessing damages against a surety company on a supersedeas bond. The appellate court reversed the order, finding insufficient evidence to support the damages awarded for delay caused by the appeal.
• Emich Motors Corp. v. Gen. Motors Corp.
  181 F.2d 70· 7th Cir.· 1950-03-03 ·cited 26×
  The court held that admitting the criminal indictment as evidence to the jury was prejudicial error, as it gave evidentiary weight to allegations not necessarily proven in the prior conviction.
• Natural Answers, Inc. v. Smithkline Beecham Corp.
  529 F.3d 1325· 11th Cir.· 2008-06-13 ·cited 25×
  Natural Answers, Inc. and its CEO brought a trademark infringement and false advertising action against GlaxoSmithKline (GSK) over GSK's Commit Lozenges, claiming infringement of Natural Answers' unregistered HERBAQUIT LOZENGES mark and false advertising when GSK marketed Commit
• Marshall Constr., Ltd. v. Coastal Sheet Metal & Roofing, Inc.
  569 So. 2d 845· Fla. 1st DCA· 1990-11-06 ·cited 25×·via Speculation And Conjecture In Damages
  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.
• Glades OIL Co., Inc. v. R.A.I. Mgmt., Inc.
  510 So. 2d 1193· Fla. 4th DCA· 1987-08-12 ·cited 25×
  Glades Oil Company appeals a summary judgment dismissing its negligence and breach of fiduciary duty claims against insurance agent Rumfelt, who placed Glades' umbrella liability policy with a financially unsound carrier that could not pay when a $3.1 million judgment was rendere
• Bernard v. State
  859 So. 2d 560· Fla. 5th DCA· 2003-11-21 ·cited 24×
  A restitution order cannot include damages for offenses not charged or encompassed within the criminal episode, nor can it be speculative.
• Sostchin v. Doll Enters., Inc.
  847 So. 2d 1123· Fla. 3d DCA· 2003-06-25 ·cited 24×
  A landlord appealed a jury verdict finding him negligent in causing a fire that destroyed a commercial building where a tenant (King Shoes) operated. While the appellate court affirmed liability, it reversed the $1.18 million lost profits award as improperly calculated using gros
• Grantham & Mann, Inc. v. Am. Safety Prods., Inc.
  831 F.2d 596· 6th Cir.· 1987-09-30 ·cited 24×
  The court held that Grantham's proof of damages for breach of contract was too speculative under Tennessee law, and that Grantham failed to establish injury caused by RICO violations.
• Raysor v. Port Auth. OF NEW York & NEW Jersey
  768 F.2d 34· 2d Cir.· 1985-07-15 ·cited 24×
  The court held that the jury's verdict was inconsistent and damages inadequate, requiring a new trial on some claims. It also reversed the dismissal of state tort claims against Officer Simpson and the Port Authority.
• Robert v. Conti Carriers & Terminals, Inc.
  692 F.2d 22· 5th Cir.· 1982-12-02 ·cited 24×
  The court held that numerous alleged trial errors, including evidentiary rulings and jury instructions, did not constitute reversible error, and the jury's verdict was supported by sufficient evidence.
• A & P Bakery Supply & Equip. Co. v. Salameh K. Hawatmeh
  388 So. 2d 1071· Fla. 3d DCA· 1980-09-23 ·cited 24×
  A & P Bakery Supply breached a contract to sell a damaged commercial oven to Hawatmeh, who then purchased a comparable used oven for less than one-quarter of the contract price. The appellate court affirmed the jury's finding of breach and contract formation but reversed the dama
• AETNA Life & Cas. Co. v. Douglas and Sara Ann Little
  384 So. 2d 213· Fla. 4th DCA· 1980-05-21 ·cited 24×
  Aetna Insurance appeals from a directed verdict finding coverage under an umbrella insurance binder and a jury verdict finding bad faith. The court affirms coverage under the umbrella binder based on the agent's apparent authority to bind the insurer, reverses the jury's exonerat
• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani
  168 So. 2d 131· Fla.· 1964-10-02 ·cited 24×
  The Florida Supreme Court reviewed a dispute between two 50% stockholders of a real estate development corporation regarding the purchase of one stockholder's shares pursuant to a stock restriction agreement and purchase agreement. The court remanded to the District Court of Appe
• Siegfried v. The Kan. City Star Co.
  298 F.2d 1· 8th Cir.· 1962-01-09 ·cited 24×
  The court held that the jury's finding of 'speculative' damages, coupled with instructions, indicated entitlement only to nominal damages, and the trial court properly entered judgment accordingly.
• Polson Logging Co. v. United States
  160 F.2d 712· 9th Cir.· 1947-03-25 ·cited 24×
  The Secretary of Agriculture has the authority to acquire land for roads serving national forests, and the trial court properly excluded speculative evidence regarding future timber removal policies when assessing damages.
• Ala. Great S. R. Co. v. Johnson
  140 F.2d 968· 5th Cir.· 1944-02-10 ·cited 24×
  The court held that the trial court committed reversible error by giving a speculative damages instruction regarding future contributions, despite the defendants' timely objection.
• Depfer v. Walker
  123 Fla. 862· Fla.· 1935-09-12 ·cited 24×
  The Florida Supreme Court reversed a judgment for a plaintiff injured in an automobile accident, finding the evidence insufficient to support the jury's verdict. The court also clarified the scope and discretion involved in court-ordered physical examinations for personal injury
• Nebula Glass Int'l, Inc. v. Reichhold, Inc.
  454 F.3d 1203· 11th Cir.· 2006-06-30 ·cited 23×
  Reichhold, a chemical manufacturer, supplied defective resin to Glasslam, a glass laminating company, in breach of contract and warranty obligations. The defective resin, which contained insufficient UV-absorbing additives, caused laminated glass products to delaminate and discol
• Circle Mortg. Corp. v. Kline
  645 So. 2d 75· Fla. 4th DCA· 1994-11-09 ·cited 23×
  Circle Mortgage Corporation sought reformation of a mortgage containing a clerical error regarding the interest rate change date, along with damages for breach of a compliance agreement. The trial court granted reformation but denied damages, and the appellate court affirmed, hol
• August Urbanek v. Urbanek
  484 So. 2d 595· Fla. 4th DCA· 1986-01-22 ·cited 23×
  In this family law appeal, the Fourth District Court of Appeal addresses the enforceability and modifiability of an antenuptial agreement entered into by a 59-year-old real estate developer and a 25-year-old woman. The court holds that lump sum payments under an antenuptial agree
• Belcher v. Imp. Cars, Ltd., Inc.
  246 So. 2d 584· Fla. 3d DCA· 1971-03-30 ·cited 23×
  Belcher appeals a judgment awarding Import Cars $12,000 in damages for alleged breach of a contract to sell shares in Belcher Motors. The court reverses, finding no enforceable contract existed and no competent evidence of damages.
• Mays v. Stratton
  183 So. 2d 43· Fla. 1st DCA· 1966-02-17 ·cited 23×
  Plaintiff Mays sued defendant Stratton for tortious interference with employment after Stratton falsely told Mays's new employer that Mays was caught in a disloyal act, causing Mays's discharge. The jury awarded $20,000 in damages, but the appellate court reversed and remanded fo
• Locke v. United States
  283 F.2d 521· Ct. Cl.· 1960-11-02 ·cited 23×
  The court held that lost profits from an improperly terminated requirements contract are recoverable if a reasonable probability of damage can be established, but damages from a subsequent, independent contract denial are too remote.
• Savilla Miles Roberts v. Powell
  137 Fla. 159· Fla.· 1939-04-07 ·cited 23×
  In this railroad accident case, the Florida Supreme Court affirmed a directed verdict for a railway company in a wrongful death action arising from a train-automobile collision at a grade crossing. The court upheld the trial judge's determination that the evidence was insufficien
• Dino Kaklamanos and Keely Kaklamanos v. Allstate Ins. Co.
  796 So. 2d 555· Fla. 1st DCA· 2001-07-26 ·cited 22×
  An insured can sue an insurance company for unpaid PIP and medpay benefits without first paying the medical provider or waiting for the provider to sue, if the insurer fails to pay within 30 days of receiving notice of a covered loss. The court reversed summary judgment for Allst
• Swindell v. Crowson
  712 So. 2d 1162· Fla. 2d DCA· 1998-06-12 ·cited 22×
  The estate of Park T. Swindell appeals a judgment awarding Catherine Crowson $7,850.50 for unjust enrichment based on bookkeeping and administrative services she performed for the decedent over ten years. The court reverses the judgment, finding insufficient evidence that the dec
• Riha v. Jasper Blackburn Corp.
  516 F.2d 840· 8th Cir.· 1975-05-19 ·cited 22×
  The court held that while there was sufficient evidence to submit the issue of strict liability to the jury, expert testimony on projected future inflation was speculative and inadmissible. The court affirmed the finding of liability but vacated the damages award.
• Irby J. Robertson, Sr. v. Douglas S.S. Co.
  510 F.2d 829· 5th Cir.· 1975-03-28 ·cited 22×
  The court held that expert testimony on causation was sufficient for the jury's finding and that a release could be set aside due to mutual mistake regarding the nature of the injury, but reversed the award for inflation compensation as too speculative.
• Asgrow-Kilgore Co. v. Mulford Hickerson Corp.
  301 So. 2d 441· Fla.· 1974-08-02 ·cited 22×
  The Florida Supreme Court reversed a Fourth District Court of Appeal decision that had overturned a trial court judgment denying damages in a negligence case involving herbicide spray damage to ornamental plants. The Court held that the trial court properly found the defendant's
• Kenco Chem. & Mfg. Co., Inc. v. Railey
  286 So. 2d 272· Fla. 1st DCA· 1973-12-13 ·cited 22×
  Kenco Chemical appealed a trial court judgment that modified and upheld a non-compete covenant against former employee/shareholder Railey, awarding $4,000 in damages for breach rather than the larger lost profits Kenco claimed. The appellate court affirmed, holding that non-compe
• Westcott-Alexander v. Dailey
  264 F.2d 853· 4th Cir.· 1959-03-11 ·cited 22×
  A foreign corporation that engages in substantial and continuous activity in Virginia, including providing engineering services and inspections beyond mere solicitation, is subject to personal jurisdiction in Virginia courts.
• Am. Safety Ins. Serv., Inc. v. Griggs
  959 So. 2d 322· Fla. 5th DCA· 2007-05-18 ·cited 21×
  American Safety Insurance appealed a trial court judgment finding it unjustly enriched when Connecticut investors relinquished promissory notes and stock in PMI to facilitate American Safety's refinancing loan. The appellate court reversed, holding the investors failed to establi
• Pace Indus., Inc. v. Three Phoenix Co.
  813 F.2d 234· 9th Cir.· 1987-03-24 ·cited 21×
  The court held that the initiation of a state court lawsuit to enforce a contract constitutes the last overt act for the purpose of the statute of limitations in an antitrust action, and subsequent appeals do not restart the limitations period.
• Ramada Inns, Inc. v. Gadsden Motel Co.
  804 F.2d 1562· 11th Cir.· 1986-12-03 ·cited 21×
  The court held that trademark infringement damages were not speculative and that awarding both trademark infringement damages and liquidated damages for breach of contract did not constitute an impermissible double recovery.
• Massey-Ferguson, Inc. v. Santa Rosa Tractor Co., Inc.
  415 So. 2d 865· Fla. 1st DCA· 1982-06-24 ·cited 21×
  The court held that the evidence was sufficient to support the jury's award of compensatory and punitive damages for trespass and interference with business, and for loss of future profits.
• Childress v. Cook
  245 F.2d 798· 5th Cir.· 1957-06-18 ·cited 21×
  The court, in a concurring opinion, states that the record does not support entering a judgment for the cross-claimant for $10,000.
• The Silver Springs v. Van Ness
  45 Fla. 559· Fla.· 1903-01-01 ·cited 21×
  The Silver Springs, Ocala & Gulf Railroad Company appealed from a judgment awarding the Van Nesses $15,000 in damages for the railroad's breach of its covenant to remove its tracks from phosphate-bearing land upon sixty days' notice. The Florida Supreme Court affirmed, holding th
• Fumigation Dep't & Claims Ctr. v. Pearson
  559 So. 2d 587· Fla. 1st DCA· 1989-09-06 ·cited 20×
  A workers' compensation appeal challenging an attorney's fee award of $330,000 in a case involving a permanently totally disabled employee exposed to toxic pesticides. The court affirmed the fee award, finding the deputy commissioner properly considered all statutory factors desp
• Young v. Johnston
  475 So. 2d 1309· Fla. 1st DCA· 1985-09-25 ·cited 20×
  In this construction contract dispute, the Florida First District Court of Appeal reversed a trial court's judgment awarding damages for breach of contract, holding that no enforceable contract existed because Johnston's obligation was conditioned on securing financing and he nev
• Leeper v. United States. Appeal of Niles R. Leeper
  756 F.2d 300· 3d Cir.· 1985-03-06 ·cited 20×
  The court held that the majority's award of over $13,000 for lost sick leave was inappropriate as it constituted a potential windfall, and a better remedy existed.
• Workman v. Harrison
  282 F.2d 693· 10th Cir.· 1960-09-12 ·cited 20×
  The court held that the oral agreement for land development constituted a valid joint adventure, and the bankruptcy trustee's rejection of the executory contract was a breach for which damages are recoverable.
• United States v. Griffith
  210 F.2d 11· 10th Cir.· 1954-01-06 ·cited 20×
  The court held that the evidence was insufficient to sustain the award for lost profits and damage to business.
• Fargo Glass & Paint Co. v. Globe Am. Corp.
  201 F.2d 534· 7th Cir.· 1953-02-04 ·cited 20×
  The court held that the agreement between Globe and Maytag for the sale of Globe's entire output of gas ranges did not violate the Sherman Act or the Clayton Act, and that the measure of damages awarded was improper.
• Volusia Cnty. v. Joynt
  179 So. 3d 448· Fla. 5th DCA· 2015-11-13 ·cited 19×
  Volusia County appealed a $2.6 million negligence judgment, challenging $600,000 awarded for lost earning capacity and $100,000 for future medical expenses. The appellate court reversed those damage awards, finding the evidence was too speculative to support the jury's verdict on
• River Bridge Corp. v. Am. Somax Ventures
  76 So. 3d 986· Fla. 4th DCA· 2011-11-30 ·cited 19×
  River Bridge Corporation appealed a judgment and attorney's fee award in favor of American Somax Ventures. The appellate court reversed 85% of the underlying judgment for breach of a right of first refusal claim due to speculative damages testimony. The court held that the trial
• Whitby v. Infinity Radio Inc.
  951 So. 2d 890· Fla. 4th DCA· 2007-01-24 ·cited 19×
  Elena Whitby, a radio personality who worked for WEAT-FM, breached her non-compete covenant by moving to competitor WRMF-FM. The trial court granted summary judgment on enforceability of the non-compete, directed a verdict against Whitby's counterclaim for wrongful injunction, an