TITO v. POTASHNICK

Nos. 83-2632, 84-2233.

488 So.2d 100 (1986)

Patricia TITO, As Personal Representative of the Estate of Kenneth Felt, Sr., and Kenneth Felt, Jr., Surviving Minor Child of Kenneth Felt, Sr., by His Natural and Legal Guardian, Patricia Tito, Appellants/Cross Appellees, v. R.B. POTASHNICK, Aetna Casualty and Surety Company, Department of Transportation of the State of Florida, the Estate of Michael T. Roach, Jean I. Roach, and Progressive American Insurance Company, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 22, 1986.


Attorney(s) appearing for the Case

Edna L. Caruso and Philip M. Burlington of Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellants/cross appellees.

Richard A. Sherman and Rosemary Wilder of Law Offices of Richard A. Sherman, and Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellees/cross appellants.


LETTS, Judge.

This appeal is taken on behalf of a three-year-old child whose father was killed in an automobile accident. At trial the child successfully obtained a jury verdict but argues on appeal that the $188,575 awarded for the loss of his father's support, services, future guidance, instruction and companionship (also mental pain and suffering) was "shockingly low" because of improper and highly prejudicial jury argument by the defense. We agree the argument...

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