Juries do not always assess damages and liability accurately, and the law affords both plaintiffs and defendants the right to request a new trial if they believe a jury’s verdict is improper. The standard a trial court must apply in determining whether a new trial should be granted is whether the verdict is against the weight of the evidence. If a trial court fails to apply this standard and issues an order granting a new trial on a different basis, it can result in the order being overruled on appeal, as illustrated in a recent case decided by a Florida Court of Appeals. If you were injured in a car accident you should consult with a South Florida car accident attorney as soon as possible to assist you in your pursuit of damages.
Facts Surrounding the Accident
Allegedly, defendant-wife was driving defendant-husband’s car on a day when it had been raining and the roads were wet. She approached an intersection where a car had stopped in front of her and applied her brakes but was unable to stop and consequently hit the car. The plaintiff’s husband was driving the car that defendant-wife struck, and the plaintiff was a passenger in the car. None of the parties involved in the accident went to the hospital following the accident. The plaintiff subsequently filed a lawsuit alleging claims of negligence against the defendants to recover damages for personal injuries sustained in the accident.
Evidence Submitted at Trial and the Jury’s Verdict
The main issues disputed at trial were whether the defendant-wife caused the accident and whether the plaintiff’s alleged injuries were caused by the accident. The plaintiff’s husband, defendant-wife, and another driver testified as to how the accident occurred and the events leading up to the accident. The court also heard testimony from the plaintiff and from both the plaintiff’s and the defendant’s medical experts regarding the plaintiff’s alleged injuries. While it was admitted that the plaintiff suffered from back issues prior to the incident, it was disputed whether the accident caused a new injury, exacerbated an existing injury, or caused no additional harm. The jury found in favor of the defense.