Bush v. Trans World Airlines, Inc.

In my humble opinion and with all due respect to my colleagues and the esteemed trial judge, the majority’s per curiam af-firmance directly conflicts with the decisions of the Supreme Court and the appellate courts setting forth those principles upon which a new trial is granted.

The Supreme Court of Florida in Cloud v. Fallis, Fla.1959, 110 So.2d 669, established the general parameters for the trial judge’s exercise of his discretion in granting a new trial, namely “that the verdict is against the manifest weight of the evidence”. Additionally, if the trial judge concludes that “the jury has…