JENKINS v. ARAB TERMITE & PEST CONTROL OF FLA., INC.

Nos. 79-1989, 79-1990.

422 So.2d 922 (1982)

Thelma JENKINS, As Administratrix of the Estate of Merton Earle Jenkins, Deceased, Appellant, v. ARAB TERMITE AND PEST CONTROL OF FLORIDA, INC., et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 17, 1982.


Attorney(s) appearing for the Case

Julian Clarkson and Warren M. Goodrich of Holland & Knight, Tampa, for appellant.

Clifford L. Somers of Miller, McKendree & Somers, Tampa, for appellees.


DANAHY, Judge.

The trial judge in this case entered an order granting a new trial as to all issues unless the appellant agreed to a remittitur reducing the punitive damages awarded by the jury from $125,000 to $50,000. In his order, the trial judge said that "the amount of the punitive damages awarded by the jury clearly shocked the judicial conscience of the Court, as under the facts of the case the acts of the defendant lacked the degree of maliciousness and/or...

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