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Marshall v. Balletti

District Court of Appeal of Florida, Third District
Jul 5, 2000
761 So. 2d 490 (Fla. Dist. Ct. App. 2000)

Opinion

Case Nos. 3D99-685.

Opinion filed July 5, 2000.

An Appeal from the Circuit Court for Dade County, Roger Silver, Acting Circuit Court Judge. Lower Tribunal No. 98-9376

Burt E. Redlus; Cooper Wolfe, Marc Cooper and Barbara A. Silverman, for appellant.

Robert S. Glazier; Hillencamp Alvarez, for appellee.

Before JORGENSON, GERSTEN, and RAMIREZ, JJ.


Affirmed. Although the damages amount to a large sum of money, the trial court did not abuse its discretion in allowing the verdict to stand. It is reasonable considering David Balletti's age, the reasonable probability his injury will lead to embarrassment as he reaches adolescence, and other evidence presented at trial. The amount is not "flagrantly outrageous and extravagant" or "beyond all measure." See Pierard_v. Aerospatiale Helicopter Corp., 689 So.2d 1099, 1101 (Fla. 3d DCA 1997). See also Bould v. Touchette, 349 So.2d 1181 (Fla. 1977).

AFFIRMED.


Summaries of

Marshall v. Balletti

District Court of Appeal of Florida, Third District
Jul 5, 2000
761 So. 2d 490 (Fla. Dist. Ct. App. 2000)
Case details for

Marshall v. Balletti

Case Details

Full title:DEIRDRE M. MARSHALL, M.D., Appellant, v. DAVID A. BALLETTI, etc., Appellees

Court:District Court of Appeal of Florida, Third District

Date published: Jul 5, 2000

Citations

761 So. 2d 490 (Fla. Dist. Ct. App. 2000)