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...