Smith v. Kaufman

District Court of Appeal of Florida

Smith v. Kaufman

654 So. 2d 1299, 1995 Fla. App. LEXIS 5759, 1995 WL 322659

CourtDistrict Court of Appeal of Florida

DecidedMay 31, 1995

DocketNo. 94-1684

StatusPublished

Cited by1 cases

This text of 654 So. 2d 1299 (Smith v. Kaufman) 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

Smith v. Kaufman, 654 So. 2d 1299, 1995 Fla. App. LEXIS 5759, 1995 WL 322659 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Appellant argues that a $3,000 jury verdict was grossly inadequate, and that the trial court therefore erred in denying her motion for a new trial. We agree, because, although some of her injuries alleged to have resulted from this accident may have existed before the accident, even defendant’s physician admitted that plaintiff had a permanent disability as a result of an ankle injury caused by this accident, and the surgical expenses for the ankle alone exceeded the verdict. See Shelly v. Hartford Casualty Ins. Co., 445 So.2d 415 (Fla. 4th DCA 1984). We therefore reverse and remand for a new trial on damages.

GLICKSTEIN, WARNER and KLEIN, JJ., concur.

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PER CURIAM.

Appellant argues that a $3,000 jury verdict was grossly inadequate, and that the trial court therefore erred in denying her motion for a new trial. We agree, because, although some of her injuries alleged to have resulted from this accident may have existed before the accident, even defendant’s physician admitted that plaintiff had a permanent disability as a result of an ankle injury caused by this accident, and the surgical expenses for the ankle alone exceeded the verdict. See Shelly v. Hartford Casualty Ins. Co., 445 So.2d 415 (Fla. 4th DCA 1984). We therefore reverse and remand for a new trial on damages.

GLICKSTEIN, WARNER and KLEIN, JJ., concur.

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Bluebook (online)

654 So. 2d 1299, 1995 Fla. App. LEXIS 5759, 1995 WL 322659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-kaufman-fladistctapp-1995.

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