Florida Department of Highway Safety & Motor Vehicles v. Chnurer

BARFIELD, Judge.

The parties to a negligence action appeal and cross-appeal the trial court’s order granting a new trial on the issue of tort damages and denying a new trial on the issue of comparative negligence. We reverse the order to the extent that it grants a new trial on tort damages, on the authority of the very recent decision in Easkold v. Rhodes, 614 So.2d 495 (Fla.1993), and otherwise affirm the order. We wish to note, however, our disagreement with two decisions upon which the appellee has relied, Holmes v. State Farm Mutual Automobile Insurance Company, 624 So.2d 824 (Fla.2d DCA…