Carnival Corp. v. Jimenez

WALLACE, Judge.

Cheryl Jimenez sued Carnival Corporation for damages that she sustained in a shipboard slip and fall incident. A jury *516awarded Ms. Jimenez $3750 for past medical expenses and $3750 for past pain and suffering. The trial court set aside the verdict and awarded Ms. Jimenez a new trial based on misconduct and improper argument by Carnival’s attorney. Because any error stemming from defense counsel’s misconduct was both unpreserved and insufficient to meet the standard for fundamental error established in Murphy v. International Robotic Systems, Inc., 766 So.2d 1010, 1027-31…