Legal Opinion

Ortega v. Belony

District Court of Appeal of Florida

Decided December 30, 2015No. 3D14-1655PublishedCited by 3 opinions

1Opinion of the CourtShepherd, J.

CORRECTED OPINION

In this plaintiffs personal injury case, the jury, not once, but twice refused to award the plaintiff any significant damages for past or future pain and suffering. The trial judge added $245,000 more to the jury verdict for this purpose. For the reasons set forth below, we reinstate the verdict.

Factual Background

As a result of a vehicular traffic accident, Blanchard Belony suffered a broken neck, for which he was hospitalized in traction for eight days. Although he could have elected surgery, he declined, and instead wore a “halo” 1 for three months while the break mended.…

2Cases cited6 opinions

  1. Griffis v. HillSupreme Court of Florida · 1969
  2. REPUBLIC SERVICES OF FLORIDA v. PoucherDistrict Court of Appeal of Florida · 2003
  3. John Pitcher v. David J. Zappitell, Zappitell & Kapral, P.A. and Zappitell Law Firm, P.L.District Court of Appeal of Florida · 2015
  4. Food Fair Stores, Inc. v. MorganDistrict Court of Appeal of Florida · 1976
  5. General Foods Corp. v. BrownDistrict Court of Appeal of Florida · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. ASHLEY N. POGUE v. JENNIFER GARIBDistrict Court of Appeal of Florida · 2018
  2. Earline McBride v. Carnival CorporationCourt of Appeals for the Eleventh Circuit · 2024
  3. CAMERON ANDREW GARROW AND KENNETH JOSEPH GARROW v. ANN MARIE ANTONIETTA AND JAMES ANTONIETTADistrict Court of Appeal of Florida · 2024

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