Heath v. Beshouri

District Court of Appeal of Florida

Heath v. Beshouri

567 So. 2d 468, 1990 Fla. App. LEXIS 6678, 1990 WL 126368

District Court of Appeal of Florida·Decided September 5, 1990·No. No. 89-2360·Published

Opinion

LETTS, Judge.

In this personal injury trial in which liability was conceded, the general verdict awarded the plaintiff $4,282. Yet, it was undisputed that the combined total of the plaintiffs medical bills and lost wages eq-ualled at least $5,482. Accordingly, it is apparent that the jury verdict is inadequate as a matter of law. Gonzalez v. Westinghouse Electric Corporation, 463 So.2d 1229 (Fla. 4th DCA 1985). The zero verdict on the husband’s claim for loss of consortium is also reversed. Fleming v. Albertson’s, Inc., 535 So.2d 682 (Fla. 1st DCA 1988).

We, therefore, reverse and remand this cause for a new trial on the issue of damages only.

REVERSED AND REMANDED.

DOWNEY and FRANK, RICHARD H., Associate Judge, concur.

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LETTS, Judge.

In this personal injury trial in which liability was conceded, the general verdict awarded the plaintiff $4,282. Yet, it was undisputed that the combined total of the plaintiffs medical bills and lost wages eq-ualled at least $5,482. Accordingly, it is apparent that the jury verdict is inadequate as a matter of law. Gonzalez v. Westinghouse Electric Corporation, 463 So.2d 1229 (Fla. 4th DCA 1985). The zero verdict on the husband’s claim for loss of consortium is also reversed. Fleming v. Albertson’s, Inc., 535 So.2d 682 (Fla. 1st DCA 1988).

We, therefore, reverse and remand this cause for a new trial on the issue of damages only.

REVERSED AND REMANDED.

DOWNEY and FRANK, RICHARD H., Associate Judge, concur.

Heath v. Beshouri, 567 So. 2d 468, 1990 Fla. App. LEXIS 6678, 1990 WL 126368 (Fla. Ct. App. 1990).

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Opinion

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