Ellender v. Bricker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding: “Zero awards for future noneconomic damages are warranted when the defendant has presented evidence disputing such damages or when future noneconomic damages are uncertain or speculative”
• finding evidence of future noneconomic damages substantially undisputed where, among other things, a defense expert agreed that the plaintiff would suffer permanent symptoms and complaints
• remanding for further proceedings under section 768.043(1) after reversing the final judgment based on the erroneous denial of a motion for additur of past and future noneconomic damages
• “Based on the pertinent case law, we conclude that Ellender’s argument constitutes a claim that the verdict was inadequate and that the issue therefore was properly preserved by his posttrial motion.”

Source: CourtListener parenthetical corpus (CC0).