Perenic v. Castelli

• Decision Date: 06 December 1977
• Docket Number: No. 76-1727,76-1727
• Citation: 353 So.2d 1190
• Parties: Steven J. PERENIC and United Services Automobile Association, Appellants, v. Dorothy J. CASTELLI and Frank T. Castelli, her husband, Appellees.
• Court: Florida District Court of Appeals

Page 1190

353 So.2d 1190

Steven J. PERENIC and United Services Automobile Association, Appellants, v. Dorothy J. CASTELLI and Frank T. Castelli, her husband, Appellees.

No. 76-1727.

District Court of Appeal of Florida, Fourth District.

Dec. 6, 1977.

Rehearing Denied Feb. 2, 1978.

David R. Miller and Barbara Kane of Smalbein, Eubank, Johnson, Rosier & Bussey, P. A., Rockledge, for appellants.

James M. Campbell of the Law Offices of J. Russell Hornsby, Orlando, for appellees.

MILLER, ROBERT P., Associate Judge.

In this appeal Appellant, defendant below, seeks review of the trial court's order granting a new trial on the issue of damages.

The case below involved a suit for damages resulting from a collision between the respective parties' motor vehicles. The jury found the Appellant, Perenic, 100% At fault and granted a verdict in the amount of $2,000.00 to the injured Appellee, Dorothy J. Castelli, and a verdict in the amount of $2,000.00 for her husband on his derivative claim. The Order Granting a New Trial reads in part as follows:

"ORDER GRANTING NEW TRIAL

First, as to the issue of liability, it is clear from the testimony taken at trial and the verdict of the jury that the issue of liability should not be disturbed as it is supported by the greater weight of the evidence.

Secondly, the verdict is so grossly inadequate in the award of damages in the amount of $2,000 to Plaintiff, DOROTHY J. CASTELLI and $2,000 to the Plaintiff, FRANK T. CASTELLI, that it shocks the conscience of the Court. The evidence shows that the Plaintiff, DOROTHY J. CASTELLI, was physically ill and there was testimony from Dr. Raul Montes giving the Plaintiff, DOROTHY J. CASTELLI 3% To 5% Permanent disability. Dr. James Carter was of the opinion, within a reasonable degree of medical certainty that it would take six months to one year from June 8, 1976, before the Plaintiff, DOROTHY J. CASTELLI, would recover. The Court finds from the greater weight of the evidence that the Plaintiff, DOROTHY J. CASTELLI, received an acute cervicle (sic) lumbar strain which, as of the date of the trial, had not reached maximum medical improvement. The Court finds that the Plaintiff, DOROTHY J. CASTELLI, had a disease known as scleroderma which was not caused by the accident. However, according to the medical testimony, sometimes trauma seems to increase the symptomatology due to the disease and it is also a well known fact that people with collagen disease do not tolerate trauma very well. The evidence shows that the Plaintiff, DOROTHY J. CASTELLI, did receive medical attention while in Jess Parrish Memorial Hospital. In other words, the amount of the verdict shocks the judicial conscience and is against the manifest weight of the evidence on the issue of damages.

Our Supreme Court in Griffis v. Hill, 230 So.2d 143 (S.C.Fla.1969) laid down the test of the adequacy of a verdict as follows: 'The test to be applied in determining the adequacy of a verdict is whether a jury of reasonable men could have rendered the verdict.' In view of the uncontradicted evidence pertaining to damages in this record, this Court holds that the verdict of the jury is clearly and grossly inadequate. Borandi vs. St. Anthony's Hospital, Inc., 291 So.2d 54."

This court is well aware that a trial judge is accorded a broad discretion in such matters. See Cloud v. Fallis, 110 So.2d 669 (Fla.1959). Nevertheless such an order may be reviewed on the record for the purpose of...