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IN THE CIRCUIT COURT OF TNE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY
FLORIDA.
CASE N0. 79-445 CA
LORRAINE FEITSMA LAFFERTY,
now known as LORRAINE HOWARD,
Plaintiff,
v. ,
ALLSTATE INSURANCE COMPANY.
BRUNO F. CASSENS and RUTH
STEEL CASSENS,
Defendants.
/
ORDER
TNIS CAUSE COMING on for Hearing on January 9, 1981, upon
Plaintiff'~ Motion for New Trial and/or Additur.
The facts were indispute at the time of trial, but after
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the presentation of the evidence, it was clear the Defendants
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were liable to the Plaintiff and there was no contributory neg-
legence on the part of the Plaintiff. There was ample substan-
tial and competent testimony adduced from which the Defendants
were liable for the damages sustained by the Plaintiff. As to
the liabi~lity, the directed verdict should be allowed to stand.
This Court has looked into the amount of verdict, which was
$3,700.00, and has made every effort ot justify the amount of
this award from the evidence. Looking at the evidence in the
light, most favorable to the Defendants,-considering the Plain-
tiffs out-of-pocket damages, as to the oast, and as to the
future, at $3.700.00 and the Plaintiffs other damages, pain and
suffering, physical handicap, working ability impaired, both as
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to past and future. It would strain the judicial credulity to '
justify the award of $3,700.00, the amount of inedical expenses,
past and future, for nain and suffering, physical handicap and
impaired working ability and the facts simply do not justify
such an award. The verdict herein of $3~700.~J0 is such as to
clearly shock the judicial conscious. The verdict was clearly
such as to affirmly indicate that, in arriving at the amount of the
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