Opinion

General Foods Corp. v. Brown

  • 419 So. 2d 393
  • 1982 Fla. App. LEXIS 21160
Court
District Court of Appeal of Florida
Filed
Sep 14, 1982
Status
Published
Author
Mills
On the bench
Ervin, Mills, Wigginton
Cited by
3 cases
Authority
More cited than 93.3%

stating that damages for pain and suffering are “peculiarly-within the province ofthe jury”

How later courts described this case

  • stating that damages for pain and suffering are “peculiarly-within the province ofthe jury”

Written by the judges who cited it.

The opinion

MILLS, Judge.

General Foods, defendant below, appeals a judgment entered on a jury verdict. We have expedited consideration of this appeal due to the scheduled trial of related claims. We affirm.

General Foods challenges the failure to excuse one juror for cause. The trial court has broad discretion in these matters and manifest error must be shown for reversal. Christopher v. State, 407 So.2d 198 (Fla.1981); Skipper v. State, 400 So.2d 797 (Fla. 1st DCA 1981). Our review of the voir dire does not reveal manifest error.

General Foods’ next four issues concern the sufficiency of the evidence. We feel that the record sufficiently supports the jury’s verdict. Issues of comparative negligence and damages for pain and suffering are peculiarly within the province of the jury.

General Foods’ final point concerns the failure of the trial court to give all of one of the requested instructions. The deleted portion adds nothing to the instruction and would only have served to confuse the jury.

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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