Thompson v. Fields

District Court of Appeal of Florida

Thompson v. Fields

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

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 1974

DocketNo. 73-760

StatusPublished

Cited by1 cases

This text of 292 So. 2d 612 (Thompson v. Fields) 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.

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Thompson v. Fields, 292 So. 2d 612, 1974 Fla. App. LEXIS 7787 (Fla. Ct. App. 1974).

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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.

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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.

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292 So. 2d 612, 1974 Fla. App. LEXIS 7787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-fields-fladistctapp-1974.

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