Seaboard Coast Line R. Co. v. McKelvey
Decision Date | 22 November 1972 |
Docket Number | No. 42299,42299 |
Citation | 270 So.2d 705 |
Parties | SEABOARD COAST LINE RAILROAD COMPANY, Petitioner, v. Ross J. McKELVEY, Jr., and Dade County, Florida, Respondents. |
Court | Florida Supreme Court |
Smathers & Thompson, Miami, for petitioner.
Nichols & Nichols, Miami, for Ross J. McKelvey, Jr.
William M. Hoeveler, of Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, Miami, for Dade County, Florida.
In this personal injury action, which comes to us as a question of great public interest duly certified by the Third District Court of Appeal, pursuant to Fla.Const., art. V, § 4(2) (1968), F.S.A., McKelvey, a 27-year-old railroad employee, lost his right arm while working for the seaboard Coast Line Railroad Company on a train operating on Dade County property.
McKelvey sued both the Railroad (under the Federal Employer's Liability Act) and the County, with the Railroad cross-claiming against the County.
A jury verdict of $500,000.00 was awarded to McKelvey (followed by final judgment thereon) against the Railroad, and the County was released. Also, a verdict and judgment thereon was entered for the County and against the Railroad. A motion for new trial for excessiveness (and other grounds) was denied.
Upon appeal to the Third District Court of Appeal, 259 So.2d 777 (Fla.App.3d, 1972), the case was affirmed but was certified to this Court as one of great public interest with the certification in material aspects reading as follows:
'(T)hat the decision of this court 'passes upon a question of great public interest,' because it determines there is at the present time no formula to establish the outer limits of a jury's discretion in awarding damages for future humiliation, pain, and suffering.'
In view of the certified question, the petition for certiorari is granted; however, further briefs, record and oral argument are dispensed with. That which is now before us is more than sufficient for ultimate disposition of the case.
In treating the central issue involving establishment of outer limits of a jury's discretion in awarding damages for future humiliation, pain and suffering, let us first examine the pertinent facts set forth in the District Court's opinion, surrounding McKelvey's injury:
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Pippen v. Denison, Division of Abex Corp.
...an appellate court of another jurisdiction for pain and suffering accompanying the loss of an arm is $400,000. In Seaboard C.L.R. Co. v. McKelvey, 270 So.2d 705 (Fla., 1972), the Florida Supreme Court approved that verdict for a 27-year-old man whose arm was amputated. McKelvey had a life e......
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...grounds, 173 F.2d 145 (5th Cir.1949); Seaboard Coast Line R.R. Co. v. McKelvey, 259 So.2d 777, 780 (Fla.Dist.Ct.App.1972), aff'd, 270 So.2d 705 (Fla.1972); Katcher v. Heidenwirth, 254 Iowa 454, 118 N.W.2d 52, 54-55 (1962). Similar results have transpired in the area of the Jones Act. See Sp......
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...charged atmosphere of a trial courtroom." Seaboard Coast Line R.R. Co. v. McKelvey, 259 So.2d 777, 781 (Fla. 3d DCA), approved by 270 So.2d 705 (Fla.1972). Performing our task, we conclude that the award to Bravo and Rodriguez of $20 million in non-economic damages is excessive. It does "ja......
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