Atkins v. Hansel

Plaintiff, Dorrett Angela Atkins, appeals an order granting defendants’ motion for a new trial. For the following reasons, we reverse.

While plaintiffs interrogatory answers and trial testimony may have been sufficiently confused, equivocal, or contradictory to place her credibility in question, this issue was for the jury. See Dunne v. Somoano, 550 So.2d 5, 7 (Fla. 3d DCA 1989), rev. denied, 563 So.2d 631 (Fla.1990). Plaintiff never waived her right to a jury determination of future damages for lost earning ability, and there was substantial evidence from which the jury could rationally have…