Legal Opinion · Dissent

Bravo v. United States

Court of Appeals for the Eleventh Circuit

Decided July 2, 2008No. 06-13052Published

1DissentWilson, Circuit Judge

I concur with the majority on the liability issue and on apportionment of damages. However, I would not interfere with the district court’s award of non-economic damages.

The standard of review governing a claim of excessive damages is well-established. Damage calculations are factual determinations committed to the sound discretion of the factfinder. Hence, we review the factfinder’s award for clear er*1171ror. Ferrero v. United States, 603 F.2d 510, 512 (5th Cir.1979). Our role on appellate review is not to reassess the credibility of the witnesses or re-weigh the evidence. See Williams v. United…

2Cases cited36 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Allen Williams B/n/f Louise J. Smyre v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  3. Brown v. Estate of StuckeySupreme Court of Florida · 1999
  4. Bould v. TouchetteSupreme Court of Florida · 1977
  5. Loftin v. WilsonSupreme Court of Florida · 1953

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