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...

CONTRACTS: BREACH OF CONTRACT; CIVIL PROCEDURE: REJECTION OF ADDITUR: GENERAL VERDICT: NEW TRIAL ON LIABILITY AND DAMAGES REQUIRED BECAUSE USE OF GENERAL VERDICT MADE IT IMPOSSIBLE TO DISCERN WHICH CONTRACTS WERE BREACHED AND WHICH DEFENSES WERE ACCEPTED BY THE JURY, DAMAGES AWARDED WERE INEXPLICABLE FROM THE EVIDENCE, AND VERDICT WAS LIKELY A PRODUCT OF COMPROMISE ON THE ISSUE OF LIABILITY: TRIAL COURT ERRED BY DIRECTING VERDICT FOR PLAINTIFF ON DEFENSE OF ACCORD AND SATISFACTION BECAUSE PLAINTIFF ACCEPTED CHECKS TENDERED AS FULL AND FINAL PAYMENT, AND THE CORRESPONDENCE BETWEEN THE PARTIES PRESENTED A FACTUAL ISSUE FOR JURY CONSIDERATION: ON RETRIAL, PARTIES WERE NOT PRECLUDED FROM MOVING FOR DIRECTED VERDICT ON ANY ISSUE IF JUSTIFIED BY THE FACTS

REWJB Dairy Plant Associates v. Bombardier Capital, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D2276 (Fla. 3d DCA October 29, 2014)

The parties entered into several individual but related contracts. The plaintiff sued the defendant for breach of contract.  The parties, at the trial court’s suggestion, agreed to use a general verdict form.  The jury responded in the … Click To Read Full Case Law Review...

REAL ESTATE: PARTITION: TORTS: CIVIL CONSPIRACY: LACK OF OVERT ACTS OR COMMON GOAL; TORTIOUS INTERFERENCE: LACK OF PROTECTED BUSINESS RELATIONSHIP; CIVIL PROCEDURE: DIRECTED VERDICT: SUMMARY JUDGMENT: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT

Pakonis v. Clark, ___ So. 3d ___, 39 Fla. L. Weekly D1855 (Fla. 3d DCA September 3, 2014)

The appellate court affirmed: (1) summary judgment on the plaintiff’s claim for partition of real property because “nothing raised by [the defendant] created an issue of material fact as to [the plaintiff’s] entitlement to partition. . . .  The correctness of the … Click To Read Full Case Law Review...

CRIMINAL LAW: EVIDENCE: EXPERT TESTIMONY REGARDING SON’S OPINION WHETHER HIS MOTHER WAS FAKING INSANITY: WAIVER: FAILURE TO OBJECT DESPITE ABSENCE OF DEFINITIVE RULING ON ADMISSIBILITY: ELICITING INADMISSIBLE BASIS FOR EXPERT OPINION ON CROSS EXAMINATION: OPENING THE DOOR TO INADMISSIBLE EVIDENCE; CIVIL PROCEDURE: MOTION TO INTERVIEW JURORS:  JURORS’ UNDERSTANDING OF JURY INSTRUCTIONS AND VERDICT FORM INHERED IN VERDICT  

Rodrigues v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1380 (Fla. 4th DCA July 2, 2014)

The appellate court affirmed the defendant’s conviction for first degree murder.  The defendant raised the defense of insanity and claimed that she was entitled to a new trial because both experts testified about her son’s opinion whether she was “faking insanity.”  … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY: DAMAGES: PAST MEDICAL EXPENSES: CIVIL PROCEDURE: DIRECTED VERDICT; APPEALS: WAIVER: FAILURE TO OBJECT IN TRIAL COURT  

Paulette v. Ulysse, ___ So. 3d ___, 39 Fla. L. Weekly D1358 (Fla. 1st DCA June 30, 2014)

The trial court, in a personal injury case, directed a verdict determining that the plaintiff was entitled to recover past medical expenses for a period of four months.  After the jury determined the amount of the medical expenses for the four … Click To Read Full Case Law Review...