Ernie Haire Ford, Inc. v. Atkinson, ___ So. 3d ___, 36 Fla. L. Weekly D222 (Fla. 2d DCA 1/28/11)
The trial court erred in denying remittitur in an age discrimination case because the verdicts for pain and suffering and loss of past and future wages were excessive. The award of $3,579,661 for past and future pain and suffering was excessive because this was a “garden variety” age discrimination case without “proof of physical injury or medical or psychological evidence of emotional pain and suffering.” The court cited decisions in which the courts held that awards in cases of this kind should be in the range of $5,000 to $50,000. The award of over $1.7 million for past and future loss of wages was excessive because it was more than $300,000 larger than the amount requested by the plaintiff and, thus, was against the manifest weight of the evidence.