City of Winter Haven v. Allen

ALTENBERND, Judge.

We affirm the trial court’s order granting the plaintiff a new trial. Although we have reservations concerning several of the reasons for new trial described in the order, at least one of the reasons is adequate and supported by the record.

The jury in this case decided that a Winter Haven police officer negligently shot Waymon D. Allen, a Polk County deputy sheriff. This incident is generally described in an earlier opinion. City of Winter Haven v. Allen, 541 So.2d 128 (Fla. 2d DCA 1989). The jury concluded that Deputy Allen was 90% comparatively negligent, that the incident…