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LEISTER v. JABLONSKI

No. 93-427.

629 So.2d 981 (1993)

Brian LEISTER, By and Through his natural guardians and next best friends, Ronald D. LEISTER and Vickie Leister and Individually, Appellants, v. Justin JABLONSKI and Robert J. Jablonski, Appellees.

District Court of Appeal of Florida, Fifth District.

December 23, 1993.

Attorney(s) appearing for the Case

Neal P. Pitts and G. Clay Morris, of Pitts, Davis & Morris, P.A., Orlando, for appellants.

Norman A. Monroe, Orlando, for appellees.

HARRIS, Chief Judge.

This is a case involving a jury verdict based on evidence of a minor injury. The jury refused to compensate for pain and suffering and the trial court refused to grant a new trial. Plaintiff appealed. We hold that the trial court should have some discretion to deny a new trial when it finds that the jury considered the claim of pain and suffering but denied damages.1 Here the jury was

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