Thompson v. Fields

292 So. 2d 612, 1974 Fla. App. LEXIS 7787

Opinion

PER CURIAM.

We have considered the evidence in this personal injury case and determined thereupon, with counsel’s advice, that the damages of $6,000 awarded the permanently injured plaintiff were legally inadequate. We reverse upon the authority of Griffis v. Hill, 230 So.2d 143 (Fla.1969); Grossman v. Short, 235 So.2d 11 (3d D.C.A.Fla.1970), cert. writ discharged with opinion Short v. Grossman, 245 So.2d 217 (Fla.1971); see McNash v. Oxenhandler, 288 So.2d 304 (4th D.C.A.Fla.1974); Rodriguez v. Allgreen Corp., 242 So.2d 741 (4th D.C.A.Fla.1971).

Counsel suggest and concede that if we deem the verdict inadequate so as to necessitate a new trial on the issue of damages then the issue of liability should likewise be retried. We adopt the suggestion and reverse and remand for a new trial upon all issues.

Reversed and remanded.

OWEN, C. J., and WALDEN, J., and RUDNICK, VAUGHN J., Associate Judge, concur.