Legal Opinion

Smith v. City of Miami

District Court of Appeal of Florida

Decided April 23, 1963No. 62-458PublishedCited by 8 opinions

1Opinion of the Court

PEARSON, TILLMAN, Chief Judge.

The plaintiff appeals from a final judgment which was entered pursuant to a jury verdict whereby he was, awarded $441. The amount of the award is the exact amount of the doctor bills of the plaintiff for treatment of the injury which was the subject matter of the suit. The appellant urges that the trial court should have granted his motion for a new trial on the issue of damages in that the jury awarded damages for the plaintiff’s expense of treating his pain and suffering, but made no award for the pain and suffering. We agree and reverse.

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2Cases cited5 opinions

  1. Radiant Oil Co. v. HerringSupreme Court of Florida · 1941
  2. Mosley v. DatiMichigan Supreme Court · 1961
  3. Allen v. PowellSupreme Court of Florida · 1943
  4. Freeman v. BandlowDistrict Court of Appeal of Florida · 1962
  5. Scott v. AndrewsDistrict Court of Appeal of Florida · 1962

3Cited by8 opinions

  1. City of Miami v. SmithSupreme Court of Florida · 1964
  2. Pickel v. RosenDistrict Court of Appeal of Florida · 1968
  3. Hatchell v. HayesDistrict Court of Appeal of Florida · 1963
  4. Roberts v. BushoreDistrict Court of Appeal of Florida · 1966
  5. White v. BaconDistrict Court of Appeal of Florida · 1964

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