Florida's Fifth District Court of Appeal Building, Orange Ave. and Beach St., Daytona Beach, Volusia County, Florida. 'One of Those Rare Cases:' Florida Appellate Court Reverses Personal Injury Verdict
The Fifth DCA held, "[W]here, as here, the record shows that evidence of pain is undisputed or substantially undisputed, and the trial court denies additur based on a zero-award for pain and suffering, discretion has been abused."
August 02, 2024 at 02:59 PM
4 minute read
Litigation
What You Need to Know
- Florida's Fifth District Court of Appeal reversed and remanded an action from the Circuit Court for Volusia County
- Chief Judge James A. Edwards found that the jury's zero award for McGary's pain and suffering was inadequate
- The case has been remanded for reconsideration of the motion for additur, a rare judicial action in such cases
Florida's Fifth District Court of Appeal reversed and remanded an action from the Volusia Circuit Court in which jurors returned zero damages for the pain and suffering of a man who experienced second-degree burns.
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