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FOOD FAIR STORES, INC. v. MORGAN

No. 75-1294.

338 So.2d 89 (1976)

FOOD FAIR STORES, INC., d/b/a Pantry Pride Stores, et al., Appellants, v. Clarence L. MORGAN, Appellee.

District Court of Appeal of Florida, Second District.

October 13, 1976.

Attorney(s) appearing for the Case

John R. Bush of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

David B. Webster of Charlton, Webster & Caltagirone and David A. Maney of Gordon & Maney, Tampa, for appellee.

SCHEB, Judge.

Plaintiff/appellee recovered a jury verdict of $75,000 for compensatory damages in an action for assault and battery against the defendants/appellants.1 Defendants' motion for a remittitur or in the alternative a new trial was denied by the trial court. Defendants appeal. We reverse.

On the evening of August 10, 1974, the plaintiff, Clarence L. Morgan, and his two daughters, ages 3 and 13, went shopping at the defendant...

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