Kirksey v. Jernigan

45 So.2d 188 (1950)

KIRKSEY

v.

JERNIGAN.

Supreme Court of Florida, en Banc.

March 24, 1950.

Dean Boggs, Jacksonville, for appellant.

Katz & Katz and Bedell & Bedell, Jacksonville for appellee.

ROBERTS, Justice.

This is an appeal from a final judgment on demurrer entered in the court below in favor of defendant-appellee in a tort action for damages. The lower court sustained defendant's demurrer to plaintiff's Second Amended Declaration on the ground that neither compensatory damages for mental pain and anguish nor punitive damages were recoverable, and that therefore plaintiff's claim was below the…