Legal Topics

TRIAL COURT ERRED IN GRANTING DEFENDANT’S MOTION TO SETOFF JURY’S AWARD WITH DISCOUNTS FROM OUT-OF-STATE PROVIDERS AND PIP BENEFITS FOR INJURIES THE JURY DID NOT COMPENSATE THE PLAINTIFF FOR
Oct 10th, 2025 in by admin

Buckman v. McDonald, 50 Fla. L. Weekly D1985 (Fla. 2nd DCA Sept. 5, 2025): The plaintiff sued the defendant for negligence following an accident in Florida. The plaintiff contended that the negligence caused her to sustain permanent injury. She sought…


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Torts — Negligence — Automobile accident — New trial — Verdict against manifest weight of evidence — Jury’s verdict in favor of defendant cannot be said to be against manifest weight of evidence where evidence on issue of fault was conflicting — Court will not speculate as to whether verdict demonstrated jury’s misunderstanding of the law governing evidence and/or liability where it is at least as likely that jurors understood law and concluded that plaintiff had not met his burden of proof — Evidence — Defendant’s statements about vehicle speed did not violate pretrial order prohibiting testimony, suggestion, or reference to speed of plaintiff’s vehicle by defendant or defense counsel — Moreover, new trial would not be warranted where testimony was not so prejudicial as to vitiate entire trial and was invited error — Amended motion for new trial denied
Oct 07th, 2025 in by admin

RODNEY ONEAL MACKEY, II, Plaintiff, v. MICHAEL PORTA, Defendant. Circuit Court, 2nd Judicial Circuit in and for Gadsden County. Case No. 2024 CA 000242. May 28, 2025. David Frank, Judge. Counsel: Tyler B. Everett, Morgan & Morgan, P.A., Tallahassee, for…


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