Westminster Community Care Services, Inc. v. Mikesell

We are here concerned with the provision of section 768.74(4), Florida Statutes (2005), which provides that “[i]f the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.” The issue we must resolve is whether the trial court, in granting the plaintiffs motion for additur and a new trial on damages, erred in not also granting a new trial on the issue of liability. 1 We hold that under the particular facts and circumstances of this case, a new trial on liability and damages should have been ordered.

In…