Gunn v. Filer

CARROLL, CHAS., Judge

(dissenting).

I am unable to agree with the majority judgment of affirmance, and feel impelled to dissent. This case grew out of an automobile accident, and the sole contention on the appeal is that the verdict is excessive.1

The appellee Harry O. Filer, who was the plaintiff below, sued the City of Miami, and Willis Gunn, the driver of a city truck involved in a collision with his automobile, seeking damages for personal injuries received in the accident, which he alleged resulted from Gunn’s negligence. Following trial of the case before a jury, the plaintiff was awarded…