From Casetext: Smarter Legal Research

Fejer v. Whitehall Laboratories, Inc.

District Court of Appeal of Florida, Third District
Feb 8, 1966
182 So. 2d 438 (Fla. Dist. Ct. App. 1966)

Opinion

No. 65-320.

February 8, 1966.

Appeal from the Circuit Court, Dade County, Harold B. Spaet, J.

Highsmith Ezzo, Miami, for appellants.

Dixon, DeJarnette, Bradford, Williams, McKay Kimbrell and Joseph W. Womack, Miami, for appellees.

Before HENDRY, C.J., and TILLMAN PEARSON and CARROLL, JJ.


This is an appeal by the plaintiff, STEFAN FEJER, from a final judgment entered pursuant to a jury verdict in an action for damages for personal injuries sustained by his wife, GABRIELE FEJER.

The alleged injuries were sustained after application of the product, "Heet", which is manufactured by the defendant Whitehall Laboratories, Inc. and was sold to the plaintiff-husband by the defendant, Surfside Drugs, Inc. Following a trial of the cause, the jury returned the following verdict:

"We, the jury, find for the plaintiff GABRIELE FEJER and assess her damages in the sum of Seventeen Hundred ($1,700.00) Dollars and for the plaintiff STEFAN FEJER in the sum of No ($0.00) Dollars so say we, all."

Subsequently the plaintiff-husband moved for a new trial on the issue of damages only claiming that the verdict was defective in that liability was determined in favor of the plaintiff and his damages were assessed at No Dollars although he had proven damages in the form of doctors, medicine and transportation expenses together with a showing of future medical expenses and the loss of his wife's society and companionship. The trial judge denied this motion.

Plaintiff-husband's contention on appeal is that the trial court erred in refusing to grant a new trial on the issue of his damages. We agree with this contention. An examination of the record supports the claim that the husband has suffered some damages, even if only the medical bills are considered. Further, the wife did not request nor did she attempt to prove that such damages should be awarded to her; and, the trial court properly instructed the jury on the issue of damages.

It follows that the judgment appealed from should be reversed and a new trial awarded on the question of plaintiff-husband's damages only.

Loftin v. Anderson, Fla. 1953, 66 So.2d 470; Thieneman v. Cameron, Fla.App. 1961, 126 So.2d 170; Noll v. Byorick, Fla.App. 1959, 108 So.2d 67.

Reversed and remanded.


Summaries of

Fejer v. Whitehall Laboratories, Inc.

District Court of Appeal of Florida, Third District
Feb 8, 1966
182 So. 2d 438 (Fla. Dist. Ct. App. 1966)
Case details for

Fejer v. Whitehall Laboratories, Inc.

Case Details

Full title:GABRIELE FEJER AND STEFAN FEJER, HER HUSBAND, APPELLANTS, v. WHITEHALL…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 8, 1966

Citations

182 So. 2d 438 (Fla. Dist. Ct. App. 1966)

Citing Cases

Vega v. Mahfuz

Accordingly, in our opinion, it was reversible error for the trial court not to have granted appellants'…

Webber v. Jordan

Several doctors treated the wife, and she incurred medical expenses of $3,195.23. Admittedly the wife had…