Wright v. Moriarty

District Court of Appeal of Florida

Wright v. Moriarty

201 So. 2d 482, 1967 Fla. App. LEXIS 4617

CourtDistrict Court of Appeal of Florida

DecidedJuly 18, 1967

DocketNo. 66-655

StatusPublished

This text of 201 So. 2d 482 (Wright v. Moriarty) 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

Wright v. Moriarty, 201 So. 2d 482, 1967 Fla. App. LEXIS 4617 (Fla. Ct. App. 1967).

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Opinion

PER CURIAM.

This is a personal injury matter arising out of a rear end collision, resulting in a whiplash injury. The jury verdict was in the sum of $1,500.00, just in excess of the alleged special damages. Subsequent to final judgment, the trial judge granted a motion for new trial upon the ground of:

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“ * * * it having appeared to the Court that the verdict of the jury was for approximately the amount of special damages submitted by Plaintiff and that the testimony in the trial was uncontroverted that Plaintiff had suffered some pain and that his injury would have at least some effect on him in the future, and the Court being of the opinion that the jury disregarded or did not consider the aforementioned elements of damages, * * * ”

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The defendants have appealed and urge error in the trial court’s order in this regard. We concur, and reverse upon the authority of City of Miami v. Smith, Fla. 1964, 165 So.2d 748; and remand the cause to the trial court with instructions to reinstate the judgment for $1,500.00 in plaintiff’s favor.

Reversed and remanded, with directions.

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PER CURIAM.

This is a personal injury matter arising out of a rear end collision, resulting in a whiplash injury. The jury verdict was in the sum of $1,500.00, just in excess of the alleged special damages. Subsequent to final judgment, the trial judge granted a motion for new trial upon the ground of:

******

“ * * * it having appeared to the Court that the verdict of the jury was for approximately the amount of special damages submitted by Plaintiff and that the testimony in the trial was uncontroverted that Plaintiff had suffered some pain and that his injury would have at least some effect on him in the future, and the Court being of the opinion that the jury disregarded or did not consider the aforementioned elements of damages, * * * ”

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The defendants have appealed and urge error in the trial court’s order in this regard. We concur, and reverse upon the authority of City of Miami v. Smith, Fla. 1964, 165 So.2d 748; and remand the cause to the trial court with instructions to reinstate the judgment for $1,500.00 in plaintiff’s favor.

Reversed and remanded, with directions.

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Bluebook (online)

201 So. 2d 482, 1967 Fla. App. LEXIS 4617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-moriarty-fladistctapp-1967.

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