Waddell v. Faust

The defendant appeals an order granting a new trial after a verdict in plaintiff’s favor, where the trial court held the verdict to be inadequate due to a jury finding that the defendant was 75% negligent and the plaintiff 25% negligent. The trial judge stated:

“In light of the Supreme Court’s decision in Cloud v. Fallís, Fla.1959, 110 So. 2d 669, and the other authorities cited in the Plaintiff’s Memorandum of Law dated January 2, 1974, and giving due consideration to the fact that the Court was in a position to make firsthand observations of the jury and the witnesses during the course of…