Ingle v. Cochran
| Decision Date | 19 March 1963 |
| Docket Number | No. D-464,D-464 |
| Citation | 151 So.2d 63 |
| Parties | Gladys Virginia INGLE, Appellant, v. Grover C. COCHRAN, Appellee. |
| Court | Florida District Court of Appeals |
Bostwick & Bostwick, Jacksonville, for appellant.
Boggs, Blalock & Holbrook, Jacksonville, for appellee.
Plaintiff has appealed from a final judgment entered upon a jury verdict which awarded her damages in the sum of $250.00. By her sole point on appeal it is contended that the trial court abused its discretion in denying appellant's motion for a new trial on the ground that the verdict is inadequate and contrary to the manifest weight of the evidence and justice of the cause.
Appellant, while riding as a passenger in a motor vehicle driven by her husband, was injured as a result of the negligent operation of appellee's vehicle. As a direct result of the collision appellant received abrasions about her face and head, and a fracture of the fifth metatarsal bone above the little toe on the side of the left foot. She was incapacitated for a period of several weeks, during which she suffered pain from the injuries she had received. A laceration above her left eye healed leaving a scar which plaintiff asserts disfigures her to such an extent as to cause severe embarrassment and humiliation.
A qualified jury acceptable to both parties had the benefit of hearing and observing the witnesses who testified, and of making a visual examination of the scar on appellant's face which resulted from the injuries she sustained. The jury placed a value on plaintiff's damages in the sum of $250.00. An experienced trial judge who likewise had the opportunity of observing the witnesses and hearing their testimony refused to set the verdict aside. It must be conceded that appellant's evidence was such that a larger verdict would have been justified had the jury completely agreed with appellant as to the extent and effect of the injuries which she suffered.
In the recent case of Bailey v. Sympson, 1 plaintiff sued for damages resulting from personal injuries sustained as a result of the negligent operation of defendant's motor vehicle. Defendant admitted liability and the only issue submitted to the jury was that of damages. The jury returned a verdict in favor of plaintiff in the sum of $620.00, which verdict was set aside and new trial granted on the ground that the verdict was contrary to the law and evidence, and was such as to shock the conscience of the court. In reversing the order...
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Ullman v. City of Tampa Parks Dept.
...just as it may accept or reject that of any other expert. See Bailey v. Sympson, (Fla. DCA 3rd, 1963) 148 So.2d 729; Ingle v. Cochran, (Fla. DCA 1st, 1963) 151 So.2d 63, and Goldstein v. Walters, (Fla. DCA 2nd, 1961) 126 So.2d 759. This is especially true when the facts sought to be proved ......
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Miller v. James, 6330
...172 So.2d 853; Fla.1966, 182 So.2d 401, Fla.App.1966, 183 So.2d 708; Bailey v. Sympson, Fla.App.1963, 148 So. 729; Ingle v. Cochran, Fla.App.1963,151 So.2d 63; and cases therein We cannot say that the amount of damages awarded by the jury below shocks the conscience of this appellate Court.......
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Shaw v. Puleo
...the same point of law, * * *.' (E.S.) In their effort to show such 'direct conflict,' petitioners rely on the cases of Ingle v. Cochrane, (Fla. DCA 1st, 1963) 151 So.2d 63, and Crovella v. Cochrane, (Fla. DCA 1st, 1958) 102 So.2d 307, as being in direct conflict with the present decision of......
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White v. Bacon, F-155
...to the case sub judice, have been upheld. Goldstein v. Walters, 126 So.2d 759; Bailey v. Sympson, Fla.App., 148 So.2d 729; Ingle v. Cochran, 151 So.2d 63; Schmidt v. tracey, Fla.App., 150 So.2d 275. It appears that Shaw v. Puleo, supra, is the latest expression on this subject and the rulin......