CITY OF HIALEAH, A MUNICIPAL CORPORATION, APPELLANT,
v.
MARIE HURRELL, APPELLEE
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The appellate court affirmed the trial court's order granting a new trial after a jury verdict for the City of Hialeah. The court found sufficient support in the record for the trial court's conclusion that the jury verdict was contrary to the manifest weight of the evidence, despite the order lacking specific record references.
No, the appellate court found that the trial court did not abuse its discretion. Although the order granting a new trial was deficient in its specificity, the appellate court reviewed the record and found sufficient evidence to support the trial court's decision.
[1] A trial court has broad discretion in granting a new trial, which should not be disturbed absent a clear showing of abuse.
[2] A court granting a new trial based on a verdict against the manifest weight of the evidence must state its reasons with specificity.
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Join FLexlaw to unlock all legal intelligence“The order granting a new trial is the subject of this appeal. Finding support in the record for the trial court’s ruling, we affirm.”
States the subject of the appeal and the court's decision to affirm.
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Join FLexlaw to unlock all legal intelligenceMarie Hurrell, a 73-year-old woman, was injured after falling in an area between the street and sidewalk in Hialeah. She sued the City for negligence.…
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BASKIN, Judge.
Seventy-three-year-old Marie Hurrell slipped and fell in an area between the street and a sidewalk located in the City of Hialeah. She sustained injuries and sued the City for negligence. Following trial, the jury returned a verdict in the City’s favor. The trial court then entered an order granting a new trial on the ground that the jury “misconstrued, misinterpreted or misapplied the law” and returned a verdict “contrary to the law and contrary to the manifest weight of the evidence.” The order granting a new trial is the subject of this appeal. Finding support in the record for the trial court’s ruling, we affirm. City of Hollywood v. Jarkesy, 343 So. 2d 886 (Fla. 4th DCA 1977).
The trial court’s broad discretion should not be disturbed in the absence of a clear showing of abuse. Florida First National Bank v. Dent, 404 So. 2d 1123 (Fla. 1st DCA), dismissed, 404 So. 2d 1123 (Fla.1981).
Appellant correctly argues that Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla.1978) requires the court to state with specificity its reasons for concluding that the verdict is against the manifest weight of the evidence. Travelers Indemnity Co. v. Hicks, 363 So. 2d 628 (Fla. 3d DCA 1978).
Although the order under consideration is deficient because it fails to include record references in support of its findings, reversal is not our sole recourse. Adopting the procedure utilized in Wackenhut v. Canty and Jarkesy, we have reviewed the record, White v. Martinez, 359 So. 2d 7 (Fla. 3d DCA 1978); Adams v. Wright, 403 So. 2d 391 (Fla.1981), and find support for the trial court’s decision in the testimony presented at trial. Henry Etter, an expert witness, testified that the shoulder of the street in question was not maintained in good condition and posed a danger to pedestrians. Other testimony revealed that the City made no improvements to the street after 1965, although the defects had existed for several years.
The jury failed to give appropriate weight to the evidence.
Having found support in the record for the trial court’s grant of a new trial, we affirm.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla. 1978)
- Adams v. Wright, 403 So. 2d 391 (Fla. 1981)
- City OF Hollywood v. Jarkesy, 343 So. 2d 886 (Fla. 4th DCA 1977)
- Royal Odell White, Jr. v. Oswaldo Tomas Martinez, 359 So. 2d 7 (Fla. 3d DCA 1978)
- Fla. First Nat'l Bank OF Jacksonville v. Dent, 404 So. 2d 1123 (Fla. 1st DCA 1981)
- Travelers Indem. Co. v. Alzenia Hicks and Robert Hicks, 363 So. 2d 628 (Fla. 3d DCA 1978)