TORTS: MOTOR VEHICLE NEGLIGENCE: DAMAGES: FUTURE NON-ECONOMIC DAMAGES: A VERDICT IS NOT INADEQUATE AS A MATTER OF LAW IF THE JURY FINDS THAT THE PLAINTIFF SUSTAINED A PERMANENT INJURY BUT FAILS TO AWARD FUTURE NONECONOMIC DAMAGES: THE PROPER INQUIRY IS WHETHER THE VERDICT IS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE; APPEALS: TRIAL COURT ABUSED ITS DISCRETION BY GRANTING NEW TRIAL BASED UPON AN ERRONEOUS VIEW OF THE LAW: APPELLATE COURT REMANDS FOR RECONSIDERATION UNDER CORRECT LEGAL PRINCIPLES

Buitrago v. Feaster, ___ So. 3d ___, 40 Fla. L. Weekly D81 (Fla. 2d DCA December 31, 2014)

The jury in a motor vehicle negligence case awarded damages to the plaintiff for past and future medical expenses, lost wages, and past noneconomic damages but awarded nothing for future noneconomic damages. The plaintiff moved for a new trial on future noneconomic … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: PERSONAL INJURY: DAMAGES: NON-ECONOMIC DAMAGES: INADEQUATE VERDICT; CIVIL PROCEDURE: NEW TRIAL: APPEALS: PRESERVATION: APPELLATE COURT AFFIRMS ORDER GRANTING NEW TRIAL ON NON-ECONOMIC DAMAGES ONLY BECAUSE DEFENDANT ARGUED FOR FIRST TIME ON APPEAL THAT NEW TRIAL SHOULD EXTEND TO LIABILITY AND DAMAGES

Witherell v. Larimer, ___ So. 3d ___, 39 Fla. L. Weekly D2574 (Fla. 5th DCA December 12, 2014)

The jury, in a motor vehicle negligence case in which the issue of liability was vigorously contested, found that the parties were equally at fault and awarded past economic damages of $88,749.84 and non-economic damages of $0. When the trial court … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: INSURANCE: UNINSURED MOTORIST COVERAGE: CIVIL PROCEDURE: DIRECTED VERDICT: APPEALS: INVITED ERROR: TRIAL COURT DID NOT ERR BY DIRECTING A VERDICT IN FAVOR OF UNINSURED MOTORIST CARRIER AFTER PLAINTIFF ABANDONED HER CLAIM AGAINST PHANTOM MOTORIST

Millsaps v. Kaltenbach, ___ So. 3d ___, 39 Fla. L. Weekly D2553 (Fla. 4th DCA December 10, 2014)

When the defendant, in a motor vehicle negligence case, alleged that he was not negligent because he was evading a phantom motorist when the collision occurred, the plaintiff amended her complaint to add her uninsured motorist carrier as a defendant. During … Click To Read Full Case Law Review...

TORTS: PRODUCT LIABILITY: TOBACCO: NON-ENGLE PROGENY CASE: CAUSATION: CIVIL PROCEDURE: DIRECTED VERDICT: EXPERT’S INABILITY TO TESTIFY THAT THERE WAS A GREATER THAN FIFTY PERCENT CHANCE THAT PLAINTIFF WOULD NOT HAVE DEVELOPED LUNG CANCER IF SHE HAD SMOKED FULL FLAVOR CIGARETTES, INSTEAD OF DEFENDANT’S FILTERED CIGARETTES, DID NOT JUSTIFY DIRECTED VERDICT FOR DEFENDANT

Whitney v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D2537 (Fla. 1st DCA December 5, 2014)

The plaintiff, in a non-Engle­ progeny case, sued a tobacco company for marketing a defectively designed cigarette, which increased the likelihood of addiction and developing cancer.  The design defects included the addition of filters, chemical adjustments, and … Click To Read Full Case Law Review...