Automobile Accident

Plaintiff was injured in an automobile accident.  At trial, both plaintiff's treating doctors and the defense's medical expert testified that plaintiff's aneurysm was caused by the auto accident within a reasonable degree of medical probability.  Both doctors further testified that the injury was permanent.   This evidence was was undisputed and unimpeached.  Despite the manifest weight of the evidence, the jury awarded no future medical expenses and no past or future noneconomic damages. 

The trial court abused its discretion by not granting a new trial on the above elements of damages.  Reversed and remanded for a new trial on the issues of past and future medical expenses and past and future noneconomic damages. 33 Fla.L.Weekly D155.

The court relied upon the following;

Sifford v. Trans Air Inc.,492 So.2d 407, "an appellate court should reverse a jury verdict when there is no rational basis in the evidence to support the verdict of the jury."  Id at 408.

Merrill Stevens Dry Dock Co. v. GJ Invs. Corp., Inc, 506 So.2d 30, "Where the testimony on pivotal issues of fact is not contradicted or impeached in any respect, and no conflicting evidence is introduced, these statements of fact can not be wholly disregarded or arbitrarily rejected." Id at 32.