Unformatted text preview: urned a verdict finding that although Daniel Virgil assaulted and battered
Sidney Genders, those acts were not within the course and scope of Virgil's alleged
employment with the defendants. The jury also found that the defendants were negligent
and awarded the plaintiffs $ 65,500.00 in damages, including $ 15,000.00 for future
medical expenses. The defendants' post-trial motions were denied and a final judgment
was entered in accordance with the jury's verdict. The defendants appealed.
The defendants raise two issues on appeal. The first issue is whether there was sufficient
evidence to support the jury's determination that the defendants were liable to the
plaintiffs on the theories of negligent [*331] hiring and negligent retention. The second
issue is whether there was sufficient evidence to support the jury's determination that the
plaintiffs were entitled to an award of $ 15,000.00 for future medical expenses.
Although the evidence may [**4] be susceptible to different inferences, a jury verdict is
presumed to be regular and is not to be disturbed if supported by the evidence. Sweet
Paper Sales Corp. v. Feldman, 603 So. 2d 109 (Fla. 3d DCA 1992); Gould v. National
Bank of Fla., 421 So. 2d 798, 802 (Fla. 3d DCA 1982); see also E.F. Hutton v. Sussman,
504 So. 2d 1372 (Fla. 3d DCA 1987)(adding that a jury verdict is presumed to conform
with the instructions given by the trial court). If there is any competent evidence to
support the verdict, that verdict must be sustained on appeal. Grossman v. Sea Air
Towers, Ltd., 513 So. 2d 686 (Fla. 3d DCA 1987), review denied, 520 So. 2d 584 (Fla.
1988); Landry v. Hornstein, 462 So. 2d 844 (Fla. 3d DCA 1985); Jimenez v. Gulf &
Western Mfg. Co., 458 So. 2d 58 (Fla. 3d DCA 1984); Hirsch v. Mount Sinai Medical
Ctr., Inc., 458 So. 2d 6 (Fla. 3d DCA 1984); Lee v. Dade County, 342 So. 2d 846 (Fla. 3d
In [**5] the instant case, there was sufficient evidence to support the jury's finding that
the defendants were liable for...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08