WARNER v. INTEGRATED HEALTH SERVICES, 618 So.2d 298 (Fla.App. 3 Dist. 1993)

HELEN J. WARNER, THROUGH WESLEY WARNER, AS GUARDIAN, APPELLANT/CROSS-APPELLEE, v. INTEGRATED HEALTH SERVICES OF GREEN BRIAR, INC., D/B/A GREEN BRIAR NURSING CENTER, A FLORIDA CORPORATION, APPELLEE/CROSS-APPELLANT.

No. 92-1127.District Court of Appeal of Florida, Third District.
April 27, 1993. Rehearing Denied June 8, 1993.

Appeal from the Circuit Court for Dade County, Ronald M. Friedman, J.

Koltun Greenberg, Miami, and Elizabeth K. Russo, Coconut Grove, for appellant.

Stephens, Lynn, Klein McNicholas, Robert M. Klein and Marlene S. Reiss, Miami, for appellee.

Before JORGENSON, GERSTEN and GODERICH, JJ.

PER CURIAM.

Appellant, Helen Warner, appeals an order granting a new trial on damages. Appellee, Integrated Health Services, cross-appeals the denial of motions for a directed verdict and for new trial. We reverse the order granting a new trial on damages, and affirm in all other respects.

If the record supports the award of damages, an abuse of discretion may exist in a trial judge’s conclusion that his conscience was shocked. Allred v. Chittenden Pool Supply, Inc., 298 So.2d 361 (Fla. 1974). In this case, the award of damages

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was supported by the record. Accordingly, we reverse the trial court’s order granting a new trial on damages and we reinstate the verdict. Finding no merit in appellee’s cross-appeal, we affirm in all other respects.

Affirmed in part; reversed and remanded in part for reinstatement of the original verdict.