LOUIS HUSS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF EDGAR O. MARTINEZ, AND THE HERTZ CORPORATION, A/K/A HERTZ RENT-A-CAR, APPELLANTS,
v.
CARLOS SANABRIA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANAZAHEL SANABRIA, APPELLEE
PER CURIAM.
This is an appeal of a trial court order granting plaintiffs motion for a new trial on estate damages in a wrongful death action. The verdict returned by the jury in favor of the estate is not such as to “shock the conscience of the court.” See Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla.1978); Seaboard Coast Line R.R. Co. v. Burdi, 427 So. 2d 1048 (Fla. 3d DCA), review denied, 431 So. 2d 988 (Fla.1983). Accordingly, the verdict returned by the jury in favor of the estate must be reinstated.
In addition, pursuant to Wells v. Tallahassee Memorial Medical Center, Inc., 659 So. 2d 249 (Fla.1995), the appellant is entitled to a set-off for the settlement amounts that the appellee has received from the other defendants. Accordingly, the case is remanded to the trial court for the entry of such orders as may be necessary and appropriate to comply therewith. In all other respects, the judgment of the trial court is affirmed.
Reversed in part, affirmed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martinez v. The HERTZ Corp., 696 So. 2d 1212 (Fla. 3d DCA 1997)…t the trial court did not abuse its discretion in denying the challenge for cause. We find no error in the other issues urged for reversal. See § 59.041, Fla.Stat. (1995); Ed Ricke & Sons, Inc. v. Green, 468 So. 2d 908 (Fla.1985); Huss v. Sanabria, 672 So. 2d 903 (Fla. 3d DCA 1996); Fagan v. Department of Prof'l Regulation, 534 So. 2d 802 (Fla. 3d DCA 1988); Honda Motor Co., Ltd. v. Marcus, 440 So. 2d 373 (Fla. 3d DCA 1983); Metropolitan Dade County v. Dillon, 305 So. 2d 36 (Fla. 3d DCA 1975). Affirmed.…
Authorities Cited
- The Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla. 1978)
- Wells v. Tallahassee Mem'l Reg'l Med. Ctr., Inc., 659 So. 2d 249 (Fla. 1995)
- Seaboard Coast Line R.R. Co. v. Burdi, 427 So. 2d 1048 (Fla. 3d DCA 1983)