Tuten v. Black

District Court of Appeal of Florida

Tuten v. Black

247 So. 2d 67, 1971 Fla. App. LEXIS 6599

CourtDistrict Court of Appeal of Florida

DecidedApril 6, 1971

DocketNo. N-530

StatusPublished

Cited by3 cases

This text of 247 So. 2d 67 (Tuten v. Black) 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

Tuten v. Black, 247 So. 2d 67, 1971 Fla. App. LEXIS 6599 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

Appellant seeks review of an adverse final judgment rendered in favor of appel-lee. The principal question preserved on appeal concerns the sufficiency of the evidence to establish by a preponderance thereof that the decedent consciously suffered pain between the time of the accident and his death.

In our review of the foregoing issue presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Although the evidence adduced at the trial on the question involved herein is far from overwhelming, we believe it is sufficient to support the finding of the jury that it established by a preponderance of all the evidence that the decedent did consciously suffer some degree of pain prior to his death. The degree of consciousness, the amount of suffering experienced by the decedent, and the length of time he lived following the accident were questions to be properly resolved by the jury. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the evidence demonstrates the conclusions reached are unsupportable and erroneous.¹

The judgment appealed is accordingly affirmed.

RAWLS, Acting G. J., and WIGGIN-TON, and SPECTOR, JJ., concur.

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PER CURIAM.

Appellant seeks review of an adverse final judgment rendered in favor of appel-lee. The principal question preserved on appeal concerns the sufficiency of the evidence to establish by a preponderance thereof that the decedent consciously suffered pain between the time of the accident and his death.

In our review of the foregoing issue presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Although the evidence adduced at the trial on the question involved herein is far from overwhelming, we believe it is sufficient to support the finding of the jury that it established by a preponderance of all the evidence that the decedent did consciously suffer some degree of pain prior to his death. The degree of consciousness, the amount of suffering experienced by the decedent, and the length of time he lived following the accident were questions to be properly resolved by the jury. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the evidence demonstrates the conclusions reached are unsupportable and erroneous.¹

The judgment appealed is accordingly affirmed.

RAWLS, Acting G. J., and WIGGIN-TON, and SPECTOR, JJ., concur.

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247 So. 2d 67, 1971 Fla. App. LEXIS 6599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuten-v-black-fladistctapp-1971.

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