Crawford v. Love Mobile Homes, Inc.

District Court of Appeal of Florida

Crawford v. Love Mobile Homes, Inc.

559 So. 2d 441, 1990 Fla. App. LEXIS 2428, 1990 WL 41672

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1990

DocketNo. 89-193

StatusPublished

This text of 559 So. 2d 441 (Crawford v. Love Mobile Homes, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crawford v. Love Mobile Homes, Inc., 559 So. 2d 441, 1990 Fla. App. LEXIS 2428, 1990 WL 41672 (Fla. Ct. App. 1990).

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Opinion

GOSHORN, Judge.

This appeal arises from a jury verdict in a personal injury case. The trial judge granted a motion for new trial on the amount of damages and liability. The liability issue ordered to be retried was restricted to the question of negligent lack of supervision. Both parties agree that the jury verdict failed to account for all of the plaintiff’s damages and must be reversed. We concur and also hold that because liability was not unequivocally established without substantia] dispute, the inadequate damage award may very well represent a compromise verdict on all issues of liability. Fundamental fairness and justice mandate a new trial on all issues. Remsberg v. Mosley, 58 So.2d 432 (Fla.1952); Sharlow v. Freed, 501 So.2d 621 (Fla. 5th DCA 1986); review denied, 506 So.2d 1041 (Fla.1987); Borges v. Jacobs, 483 So.2d 773 (Fla. 3d DCA 1986); Timmy Woods Beverly Hills, Ltd. v. Greenwald, 475 So.2d 256 (Fla. 3d DCA 1985).

AFFIRMED in part, REVERSED in part, and REMANDED for new trial on all issues.

DAUKSCH and GRIFFIN, JJ., concur.

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GOSHORN, Judge.

This appeal arises from a jury verdict in a personal injury case. The trial judge granted a motion for new trial on the amount of damages and liability. The liability issue ordered to be retried was restricted to the question of negligent lack of supervision. Both parties agree that the jury verdict failed to account for all of the plaintiff’s damages and must be reversed. We concur and also hold that because liability was not unequivocally established without substantia] dispute, the inadequate damage award may very well represent a compromise verdict on all issues of liability. Fundamental fairness and justice mandate a new trial on all issues. Remsberg v. Mosley, 58 So.2d 432 (Fla.1952); Sharlow v. Freed, 501 So.2d 621 (Fla. 5th DCA 1986); review denied, 506 So.2d 1041 (Fla.1987); Borges v. Jacobs, 483 So.2d 773 (Fla. 3d DCA 1986); Timmy Woods Beverly Hills, Ltd. v. Greenwald, 475 So.2d 256 (Fla. 3d DCA 1985).

AFFIRMED in part, REVERSED in part, and REMANDED for new trial on all issues.

DAUKSCH and GRIFFIN, JJ., concur.

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559 So. 2d 441, 1990 Fla. App. LEXIS 2428, 1990 WL 41672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-love-mobile-homes-inc-fladistctapp-1990.

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