Opinion
No. AL-489.
February 14, 1983. Rehearing Denied March 18, 1983.
Appeal from Circuit Court, Duval County; Gordon A. Duncan, Jr., Judge.
James F. Moseley of Toole, Taylor, Moseley Joyner, Jacksonville, for appellants.
Robert L. Cowles and Daniel C. Shaughnessy of Cowles, Coker, Myers, Schickel Pierce, Jacksonville, for appellee.
Appellant seeks reversal of a jury award based upon the trial court's failure to instruct the jury as to the non-taxability of the award pursuant to the judicially stated rule of Norfolk and Western Railway Company v. Liepelt, 444 U.S. 490, 100 S.Ct. 755, 62 L.Ed.2d 689 (1980). We concede that Liepelt requires the instruction on the non-taxability of the award be given, therefore it was error to fail to do so. However, considering the evidence presented and the relative amount of the award, we find it was harmless error under the circumstances of this case.
Accordingly, the trial court's final judgment is AFFIRMED.
SHIVERS, WENTWORTH and JOANOS, JJ., concur.