FRAZIER v. MERRICKS

No. 72-622.

271 So.2d 36 (1972)

Artie James FRAZIER, Appellant, v. Jonas C. MERRICKS, Appellee.

District Court of Appeal of Florida, Second District.

December 20, 1972.


Attorney(s) appearing for the Case

H. Shelton Phillips of Kaleel & Kaleel, St. Petersburg, for appellant.

Leon Whitehurst, Jr., Clearwater, for appellee.


MANN, Judge.

The jury's verdict was for $316.31, precisely the amount of damage to Merricks' station wagon. No damages were awarded on account of pain and suffering. Merricks claimed a whiplash injury. Medical testimony about personal injury is grounded on Merricks' complaints, and the injury is not objectively verifiable, nor can it be conclusively disproved.

The trial judge granted a new trial, with the following explanation given to counsel in a letter...

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