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Florida Second DCA reverses trial court's order denying additur for unawarded past noneconomic damages despite undisputed evidence of plaintiff's past pain and suffering

On February 14, 2018, in Sukraj v. Phoeung, No. 2D17-159, the Florida Second DCA reversed the trial court’s order denying the plaintiff in a motor vehicle negligence lawsuit an additur for unawarded past noneconomic damages. The trial court had denied plaintiff’s motion for additur or a new trial on noneconomic damages despite undisputed evidence presented at trial of the plaintiff’s past pain and suffering. The Second DCA cited Ellender v. Bricker, 967 So. 2d 1088, 1093 (Fla. 2d DCA 2007) ("[W]here 'the evidence is undisputed or substantially undisputed that a plaintiff has experienced and will experience pain and suffering as a result of an accident, a zero award for pain and suffering is inadequate as a matter of law”). See also Dolphin Cruise Line, Inc. v. Stassinopoulos, 731 So. 2d 708, 710 (Fla. 3d DCA 1999); § 768.043(2), Fla. Stat. (2016).

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