Wal-Mart Stores, Inc. v. Bufalo

As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip-and-fall case, without first granting a motion for additur. See Waxman v. Truman, 792 So.2d 657 (Fla. 4th DCA 2001); § 768.74, Fla. Stat. (2004). Before a new trial on damages can be awarded, section 768.74, Florida Statutes, requires the trial court to “review the amount of such award to determine if such amount is excessive or inadequate” and if so, the court “shall order a remittitur or additur, as the case may be.” § 768.74(1), (2), Fla. Stat. In the instant case, the trial court…