Dobbs v. Griffith
| Decision Date | 02 February 1954 |
| Citation | 70 So.2d 317 |
| Parties | DOBBS v. GRIFFITH. |
| Court | Florida Supreme Court |
Dixon, DeJarnette & Bradford and A. Lee Bradford, Miami, for appellant.
Milton Kelner and John K. Lewis, Miami Beach, for appellee.
This is a suit in two counts for wrongful death of the husband. One count is based upon the claim of the widow for damages under F.S. Section 768.01 and Section 768.02, F.S.A. The other count is based upon the claim of the widow, as administratrix of the estate of her husband. The question of negligence or liability on the part of the appellant is not involved. The jury returned a verdict of $19,000 for the surviving widow, and $21,000 to the administratrix of the estate.
The question of errors with respect to damages and charges to the jury are presented.
The deceased was 67 years of age and earned approximately $50 per week as a gardener. The widow was 47 1/2 years of age and prior to her husband's death had been earning about $35 per week.
The deceased was killed by being struck by an automobile. The only evidence of deceased's consciousness after he was hit was the testimony of the driver of the automobile concerning movements of the deceased for a period of about ten seconds after the accident. Deceased was immediately taken to a hospital and never spoke or showed any signs of consciousness except the movements of the body above mentioned. He was dead when he arrived at the hospital.
In charging the jury as to the damage which the administratrix was entitled to recover, the Court said:
With reference to the damages to the widow, after correctly charging the jury with reference to the loss of comfort, services, support and other things, the Court included:
'(6) Such earnings and acquisitions to be ascertained upon the basis of the deceased's age, health, business capacity, habits, experience, and energy, and his present and future prospects for prospective gains at the time of his death--all of these elements to be based upon the life expectancy of the deceased husband.'
It will, therefore, be observed that the jury was instructed by the Court that a...
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Beynon v. Montgomery Cablevision Ltd. Partnership
...death, so that they actually felt and appreciated the pain resulting from the injuries. Solomon, 540 F.2d at 792 (citing Dobbs v. Griffith, 70 So.2d 317 (Fla.1954)). The trial court acknowledged that there was no evidence as to the length of time that the decedents suffered prior to death, ......
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Solomon v. Warren
...of the injury and the time of death, so that he actually felt and appreciated the pain resulting from the injuries. See Dobbs v. Griffith, Fla.1954, 70 So.2d 317; Doby v. Griffin, Fla. 2 D.C.A. 1965, 171 So.2d 404, 406-08; Morrison v. C. J. Jones Lumber Co., Fla. 2 D.C.A. 1961, 126 So.2d 89......
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Downs v. United States
...since suit there was by a father as administrator of the estate of his deceased minor son, the Florida Supreme Court in Dobbs v. Griffith, 70 So.2d 317 (Fla.1954) apparently did approve a widow's recovery of her husband's prospective earnings in a combined suit brought by her as widow and a......
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Schoeff v. R.J. Reynolds Tobacco Co., SC15–2233
...and intentional torts. Generally, a defendant may not be required to pay twice for the same element of damages. See Dobbs v. Griffith, 70 So.2d 317, 318 (Fla. 1954) ; Besett v. Basnett, 437 So.2d 172 (Fla. 2d DCA 1983). Compensatory damages in Engle progeny cases cannot be allocated among t......