Cases

This case involved a cause of action for retaliatory discharge for seeking workers' compensation benefits. Court reversed a $750,000 jury award as being excessive because 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 fact that the employee cried on the stand while testifying was not sufficient to establish a causal connection between the conduct of the employer and the claimed medical condition suffered by the employee.  The lower court's failure to grant the 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.  Finding in regards to liability of defendant by the jury affirmed.

Court determined also that the judge improperly awarded post-verdict interest for the period after the verdict and before the entry of a judgment. 

Lower court's denial of leave of plaintiff to assert a claim for punitive damages reversed.  There was a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of punitive damages.

Lower court's order finding invalid the employee's offer of judgment pursuant to Section 768.79, F.S. reversed. Offers of judgment only apply to civil actions for damages and does not relate to claims for damages and equitable relief.  In this case, the "real issue" related to a claim for compensation and accordingly, the offer of judgment provisions including the award of attorney fees were applicable.  In determining whether the offer of judgment provisions applied, the court's determination of the "real issue" is the test.  If the real issue included equitable relief, then the offer of judgment provisions would not apply.