Civil Litigation
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Johnston v. Tueche
26 Fla. L. Weekly D2526 (Fla. 5th DCA Oct. 19, 2001)
In this accident case, the medical expenses were $9,557 but the jury only awarded $5,200 for past medical expenses. According to the appellate court, the jury is the sole judge of factual issues, including damages. Although a jury may not arbitrarily award no damages, it may lower a damage award where there is conflicting evidence on the amount of medical expenses which were necessary to treat plaintiff in relation to the accident.
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