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...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: NEW TRIAL: SETTING CASE FOR TRIAL BEFORE IT WAS AT ISSUE

Tucker v. The Bank of New York Mellon, ___ So. 3d ___, 39 Fla. L. Weekly D789 (Fla. 3d DCA April 16, 2014)

The bank sued the mother and daughter for foreclosure.  The mother filed an answer, a crossclaim against her daughter, and a counterclaim to quiet title against the bank.  The trial court set the case for non-jury trial … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: NEW TRIAL: EVIDENCE OF DRIVER IMPAIRMENT SHOULD NOT HAVE BEEN ADMITTED DURING TRIAL OF AMOUNT OF COMPENSATORY DAMAGES BECAUSE DRIVER ADMITTED LIABILITY FOR COMPENSATORY AND PUNITIVE DAMAGES; APPEALS: CERTIFIED QUESTION

Swanson v. Robles, ___ So. 3d ___, 39 Fla. L. Weekly D13 (Fla. 2d DCA December 20, 2013)

The defendant in a motor vehicle negligence wrongful death case requested bifurcation and admitted liability for both compensatory and punitive damages to prevent the jury from hearing evidence of his alcohol and drug consumption during the first phase of the trial on … Click To Read Full Case Law Review...

PROFESSIONAL RESPONSIBILITY: CIVIL PROCEDURE: NEW TRIAL: MOTION FOR ADMISSION PRO HAC VICE THAT CONFORMS TO FLA. R. J. ADMIN. 2.510 COULD NOT BE DENIED BECAUSE IT WAS MADE ON THE MORNING OF TRIAL

Trans Health Management, Inc. v. Webb, ___ So. 3d ___, 38 Fla. L. Weekly D2585 (Fla. 1st DCA December 10, 2013)

The plaintiff sued twenty-one defendants based upon his alleged mistreatment in a nursing home.  One of the defendants retained counsel to defend itself and a related corporation, but this defendant was placed in receivership in Maryland.  When a … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: INSURANCE: UNINSURED MOTORIST COVERAGE: CIVIL PROCEDURE: NEW TRIAL: EVIDENCE: TIME LAPSE SECURITY PHOTOGRAPHS OF ACCIDENT WERE NOT PER SE INADMISSIBLE OR MORE PREJUDICIAL THAN PROBATIVE: COLLATERAL SOURCE RULE NOT IMPLICATED BY LETTER OF PROTECTION PROVIDING THAT MEDICAL BILLS WOULD BE PROPORTIONATELY REDUCED IF PLAINTIFF DID NOT RECOVER THE FULL VALUE OF HIS CLAIM: APPEALS: PRESERVATION: COURT REFUSED TO CONSIDER WHETHER LETTER OF PROTECTION WAS MORE PREJUDICIAL THAN PROBATIVE BECAUSE PLAINTIFF DID NOT OBJECT ON THAT GROUND IN THE TRIAL COURT

Smith v. GEICO Casualty Company, ___ So. 3d ___, 38 Fla. L. Weekly D2477 (Fla. 2d DCA November 27, 2013)

The plaintiff in an action to recover uninsured motorist benefits appealed from judgment based upon a jury verdict that limited his recovery to less than ten percent of his past medical expenses.  The plaintiff was a passenger in a bus … Click To Read Full Case Law Review...