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Norman v. Mullin

M. E. NORMAN, d/b/a Import Motors v. Paul A. MULLIN and Lena Mae Mullin

Norman v. Mullin, 249 So. 2d 733 (Fla. Dist. Ct. App. 1971)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 23, 1971
Docket
No. 70-543
Judges
Hobson, Mann, McNulty
Citations
249 So. 2d 7331971 Fla. App. LEXIS 6429
Cited by 6

Opinion of the Court

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PER CURIAM.

In this negligence action plaintiff-appel-lees were awarded a judgment against appellant which included future loss of wages, earning capacity and medical and hospitalization expenses. Although requested, the trial judge failed to charge the jury on their duty to reduce such future damages to present value. 1 This was reversible error. 2

As to liability, no meritorious question is raised that the jury verdict was improper, and the verdict thereto appertaining is amply supported by the evidence. The new trial awarded herein should therefore be only as to damages, and the judgment is affirmed as to liability. All other points raised on appeal, including the one on cross-appeal, are without merit or are rendered moot.

Accordingly, the judgment appealed from is affirmed as to liability but reversed, and a new trial awarded, as to damages alone.

Affirmed in part, reversed in part.

HOBSON, A. C. J., and MANN and McNULTY, JJ., concur.

. Instruction 6.10, Florida Standard Jury Instructions.

. See, e. g., Dupuis v. Heider (1934), 113 Fla. 079 , 152 So. 659 ; Florida East Coast Ry. Co. v. Young (1932), 104 Fla. 541 , 140 So. 407 ; and Florida East Coast Ry. Co. v. Lassiter (1909), 58 Fla. 234 , 50 So. 428 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1972: 11976: 11983: 11986: 12000: 12012: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. Seaboard Coast Line RR Company v. Garrison336 So. 2d 423 (Fla. Dist. Ct. App. 1976)
  2. Seaboard Coast Line R. Co. v. Burdi427 So. 2d 1048 (Fla. Dist. Ct. App. 1983)
  3. Nationwide Mutual Fire Insurance Co. v. Darragh95 So. 3d 897 (Fla. Dist. Ct. App. 2012)
  4. McLeod v. Young257 So. 2d 605 (Fla. Dist. Ct. App. 1972)
  5. Howell v. Woods489 So. 2d 154 (Fla. Dist. Ct. App. 1986)
  6. Diaz v. Green759 So. 2d 721 (Fla. Dist. Ct. App. 2000)

Most recent

  1. Nationwide Mutual Fire Insurance Co. v. Darragh95 So. 3d 897 (Fla. Dist. Ct. App. 2012)
  2. Diaz v. Green759 So. 2d 721 (Fla. Dist. Ct. App. 2000)
  3. Howell v. Woods489 So. 2d 154 (Fla. Dist. Ct. App. 1986)
  4. Seaboard Coast Line R. Co. v. Burdi427 So. 2d 1048 (Fla. Dist. Ct. App. 1983)
  5. Seaboard Coast Line RR Company v. Garrison336 So. 2d 423 (Fla. Dist. Ct. App. 1976)
  6. McLeod v. Young257 So. 2d 605 (Fla. Dist. Ct. App. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Fla. East Coast Ry. Co. v. Lassiter, 58 Fla. 234 (1909) 27
Dupuis v. Heider, 152 So. 659 (Fla. 1934) 13
Fla. East Coast Ry. Co. v. Young, 140 So. 467 (Fla. 1932) 12

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