Faulk v. Schafer, 73--647
| Decision Date | 29 January 1974 |
| Docket Number | No. 73--647,73--647 |
| Court | Florida District Court of Appeals |
| Parties | Clarence FAULK, a minor, by and through his mother and next friend and natural guardian, Ernestine Thomas, and Ernestine Thomas, Individually, Appellants, v. Gary Wayne SCHAFER et al., Appellees. |
Ser & Keyfetz and Philip Freidin, Miami, for appellants.
Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, and Clifford B. Wentworth, Miami, for appellees.
Before BARKDULL, C.J., and PEARSON and CARROLL, JJ.
The appellant Clarence Faulk, a minor, through his mother as next friend and natural guardian, filed an action against the defendants for damages for personal injuries. His mother joined, seeking recovery of derivative damages for medical expenses and loss of services.
The injuries of the minor were received in a collision between a bicycle upon which he was riding and a motor vehicle alleged to be owned by the defendant Fisherman's Paradise, Inc., being driven with its knowledge and consent by the defendant Gary Wayne Schafer. The motor vehicle owner's liability insurer also was made a defendant.
The minor's injuries included fracture of a bone or bones in both of his legs. He was taken by ambulance to a hospital, where he was treated and remained for three days. Evidence was presented at the trial that the hospital and doctors' charges therefor amounted to $542.
The case was tried before a jury, on issues of negligence and contributory negligence. In the jury charges given by the court the jury was informed as to the claims of the two plaintiffs as follows:
'The issues for your determination are for the claim of Clarence Faulk, a minor, by and through his mother, next friend, and natural guardian, Ernestine Thomas, and Ernestine Thomas, individually, are whether the defendant, Gary Wayne Schafer, was negligent in and if so, whether such negligence was the legal cause of injury or damage sustained by Clarence Faulk, by and through his mother and next best friend.'
The portion of the court's charges dealing with damages was as follows:
'You may take into consideration the reasonable value for expenses of medical care and treatment necessarily or reasonably obtained by the...
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Grove By and Through Grove v. Myers, 18406
...from his injury. This Washington case is remarkably similar to the case now before us. Other similar cases include Faulk v. Schafer, 288 So.2d 570 (Fla.Dist.Ct.App.1974), in which the appellate court held that an award of $1,000 for general damages was not clearly inadequate for a minor who......
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Cowart v. Kendall United Methodist Church
...for new trial on these grounds. Short v. Grossman, 245 So.2d 217 (Fla.1971); Griffis v. Hill, 230 So.2d 143 (Fla.1969); Faulk v. Schafer, 288 So.2d 570 (Fla. 3d DCA 1974); Hancock v. Smith, 248 So.2d 211 (Fla. 3d DCA 1971); Pickel v. Rosen, 214 So.2d 730 (Fla. 3d DCA 1968). See generally Se......
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CG Chase Const. Co. v. Colon, 97-1353.
...See Short v. Grossman, 245 So.2d 217 (Fla.1971); Griffis v. Hill, 230 So.2d 143 (Fla.1969); Cowart, 476 So.2d at 289; Faulk v. Schafer, 288 So.2d 570 (Fla. 3d DCA 1974). Here, the trial court correctly recognized that the jury's verdict was both inconsistent and inadequate. In other words, ......