Kennedy v. Plant City

155 So. 2d 556

Opinion

PER CURIAM.

Appellant, plaintiff below, appeals an order granting a new trial after he had secured a jury verdict in the court below. Upon trial, the jury awarded the appellant a verdict of $300 compensatory and $5000.00 punitive damages. The lower court awarded a new trial upon the grounds that the verdict was against the manifest weight of the evidence and the punitive damages award was so grossly excessive as to shock the judicial conscience.

We are of the opinion that the trial judge did not abuse his discretion in granting a new trial. See Cloud v. Fallis, Fla.App. 1958, 107 So.2d 264; Cloud v. Fallis, Fla. 1959, 110 So.2d 669; and Hutchinson v. Lott, Fla.App.1959, 110 So.2d 442.

Affirmed.

KANNER, Acting C. J., ALLEN, J., and OVERSTREET, MURRAY W., Associate Judge, concur.