WINN-DIXIE STORES, INC., APPELLANT/CROSS-APPELLEE,
v.
ROSA COOPER, APPELLEE/CROSS-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant waived objection to verdict inconsistency by failing to raise it before jury discharge, and the trial court properly denied a new trial on liability.
Plaintiff sued defendant. The jury found for the plaintiff on liability but awarded no damages. The trial court granted a new trial on damages but den…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inconsistent Verdicts cases and more on FLexlaw
PER CURIAM.
The defendant, Winn-Dixie Stores, Inc. [Winn-Dixie], appeals from that portion of an order denying its motion for a new trial on liability, and the plaintiff, Rosa Cooper, cross-appeals from that portion of an order granting Winn-Dixie’s motion for a new trial on damages. We affirm, in part, and reverse in part.
First, on the direct appeal, we find that the trial court properly denied the defendant’s motion for a new trial on liability where comparative negligence is an issue properly left to the jury and the verdict was not against the manifest weight of the evidence. Rowlands v. Signal Constr. Corp., 549 So. 2d 1380, 1383 (Fla.1989). Therefore, we affirm that portion of the trial court’s order denying a new trial on liability.
Next, on the cross-appeal, a review of the record shows that Winn-Dixie failed to raise its objection to the inconsistency of the verdict before the jury was discharged thereby depriving the trial court of the opportunity to correct any alleged error. Sweet Paper Sales Corp. v. Feldman, 603 So. 2d 109, 110 (Fla. 3d DCA 1992). This failure to object constituted a waiver. Sweet Paper Sales, 603 So. 2d at 110. Therefore, we reverse that portion of the trial court’s order granting a new trial on damages and remand for entry of judgment in accordance with the jury’s verdict.
Affirmed, in part; reversed, in part, and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rowlands v. Signal Constr. Co., 549 So. 2d 1380 (Fla. 1989)
- Sweet Paper Sales Corp. v. Feldman, 603 So. 2d 109 (Fla. 3d DCA 1992)