Florida Motor Lines Corp. v. Shontz
| Decision Date | 14 October 1947 |
| Citation | 159 Fla. 518,32 So.2d 248 |
| Parties | FLORIDA MOTOR LINES CORPORATION v. SHONTZ. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Palm Beach County; Jos. S. White, Judge.
Action by Forrest F. Shontz against Florida Motor Lines Corporation, a Florida corporation, for damages allegedly resulting from an automobile collision. From an adverse judgment, defendant appeals.
Affirmed.
W.F. Finch, of West Palm Beach, and Keen & O'Kelley and Charles Spitz all of Tallahassee, for appellant.
Hal S. Ives, of West Palm Beach, for appellee.
This is a negligence suit originating in the Circuit Court of Palm Beach County resulting in a verdict and judgment for the plaintiff below in the sum of $5,000. A motion for a new trial was seasonably made and presented and it was by the trial court denied, when the defendant appealed and in its brief poses here four questions or reasons for a reversal. One of these questions is that the declaration of the plaintiff is fatally defective in that it fails to allege that the injuries of the plaintiff were the proximate result of the defendant's negligence. The court below sustained the declaration against a demurrer of the defendant below. We fail to find merit in the contention.
Counsel for appellant contend that the verdict and judgment in the sum of $5,000 entered for plaintiff below is not only excessive but is not sustained by the testimony. Plaintiff's automobile appears from the record to have been completely destroyed and was sold as junk for the sum of $35. The automobile, radio and heater were valued at $700. The hospital and doctor bills were around $70. He worked each night and earned $30 per week and it is shown that he operated a filling station for the Standard Oil Company during the day and made $80 per week. He was injured on July 22, 1945, and was not physically able to work until December 18, 1945, a period of about twenty-one weeks. He was forced to give up the filling station and his night work because his injuries prevented him from working.
His loss of earnings of $110 per week for twenty-one weeks amounted to $2,310. The automobile and hospital and doctor bills of $700 brought his actual losses to approximately $3,010. The remaining sum of $2,000 for pain and suffering for some 21 weeks, it is contended, is not supported by the record nor the authorities. It is shown that the plaintiff for a period of six weeks after July 22,...
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