Rite Rate Cab Co. v. McGee, A-C
| Decision Date | 27 December 1963 |
| Docket Number | No. 3915,A-C,3915 |
| Citation | 159 So.2d 663 |
| Parties | RITE RATE CAB COMPANY, Inc., d/b/a Shouppe's Rent-ar Service, and Joseph Francis Reidy, Appellants, v. Bernard A. McGEE, Appellee. |
| Court | Florida District Court of Appeals |
Billy L. Rowe, of Mann, Harrison, Mann & Rowe, and Robert L. Williams of Earle, Hawes & Williams, St. Petersburg, for appellants.
Norman Bie, Jr., Clearwater, for appellee.
Defendants appeal a judgment awarding plaintiff $22,500.00 damages for property damages and personal injuries arising out of an automobile rear-end collision. The plaintiff was a 54 year old man with a life expectancy of approximately 20 years. Liability was conceded and, although there are seven points specified on appeal, we find that essentially the only question presented is whether or not the verdict of the jury was excessive.
The evidence tends to show that the plaintiff sustained a fracture of the fifth lumbar vertebra and muscular tears and ligament strain in the region of the neck and shoulders causing him to hold his head in an abnormal position because of pain. There was competent testimony to the effect that plaintiff's injuries were limiting, permanent and painful and that he gave up a good position with potential because he was unable to keep the pace; that he accepted a selling job with less potential in order to support his family; that this automobile was damaged; that he was required to wear a back brace for an extended period; that he incurred and will continue to incur large medical expenses and that he will undergo pain and suffering in the future. There was testimony that the only treatment for alleviation of plaintiff's back condition would be an operation to fuse the spine 'which would be dangerous and disabling and expensive, and might not be successful. * * *'
A Dr. Roger A. Carlyle testified objectively that from his X-ray examination 'the man has an unhealed fracture which should be disabling and should become worse and worse as time goes on; his disability should become greater as time goes on.' There were some conflicts of medical testimony, but the conflicts were competently resolved below.
As a defendant should not be unjustly mulcted in damages, so a plaintiff should not be denied full compensation when justly entitled to recover and a jury award should be accorded due respect. Tampa Transit Lines v. Smith, Fla.App.1963, 155 So.2d 557. The amount of a verdict,...
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...v. Magoffin, Fla.1968, 100 So.2d 626; Florida East Coast Railway Company v. Stewart, Fla.App.1962, 140 So.2d 880; Rite Rate Cab Company v. McGee, Fla.App.1963, 159 So.2d 663; Sinclair Refining Co. v. Butler, Fla.App.1965, 172 So.2d 499; Talcott v. Holl, Fla.App.1969, 224 So.2d 420. No ascer......
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