Cases

Corrected opinion.  Original opinion at 41 FLW D2096.  Previous opinion withdrawn.

In retaliatory discharge case for seeking workers' compensation benefits, appellate court affirmed lower court's finding of liability.  However, in light of the absence of medical evidence that the employer's conduct caused the employee's medical condition to worsen or caused the employee to suffer past or future psychological harm, the court concluded that the jury's award of $750,000 was excessive. The fact that the employee cried on the stand as noted by his attorney at oral argument is not sufficient to establish such a causal relationship.

The failure to grant a Motion for Remittitur constituted an abuse of discretion.  Case remanded to trial court to determine a remittitur amount or order a new trial on damages if the party adversely affected by the remittitur does not agree to the remitted amount.  In addition, post-verdict interest is not awardable for the period after the verdict but before the judgment.

The lower court's order denying leave to assert a claim for punitive damages reversed.  There was a reasonable showing by evidence of record or proffered by the claimant which could provide a reasonable basis for recovery of such damages.

Court also reversed order of lower court which held that the employee's offer of judgment pursuant to Section 768.79, Florida Statutes, was invalid.  This offer of judgment statute is inapplicable to cases where the plaintiff sought both damages and equitable relief.  Court determine in this case that the claim was for damages only and accordingly, the offer of judgment statute applied.  There was no equitable relief that was ever at issue in the discovery or trial of this matter.