Legal Opinion

Santiago v. Abramovitz

District Court of Appeal of Florida

Decided September 5, 2012No. 4D11-711PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The plaintiff appeals the trial court’s order denying her motion for a new trial on damages due to the jury’s zero verdict. She argues that the zero verdict was inadequate as a matter of law because:(1) the defendant stipulated before trial that his negligence caused the accident;(2) the defendant stipulated during trial that the plaintiff sustained a permanent injury because of the accident; and (3) the trial court gave the following jury instruction:

Based upon the admission of the defendant, the Court has determined and now instructs you that the defendant was negligent and such negligence…

2Cases cited5 opinions

  1. Murphy v. International Robotic Systems, Inc.Supreme Court of Florida · 2000
  2. Smith v. FLORIDA HEALTHY KIDS CORP.District Court of Appeal of Florida · 2010
  3. Short v. EhrlerDistrict Court of Appeal of Florida · 1987
  4. Hartsfield v. Orlando Regional Med. Ctr.District Court of Appeal of Florida · 1988
  5. Martin v. BrubakerDistrict Court of Appeal of Florida · 2012

3Cited by1 opinion

  1. Carvajal v. PenlandDistrict Court of Appeal of Florida · 2013

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