LOWE'S AND SPECIALTY RISK SERVICES, INC., PETITIONERS,

v.

KAREN LOYD, RESPONDENT

Citator

Cited By (12 total)

• Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)
  …t.App.1996), conflicts with Florida law because it prohibited the jury’s consideration of a defendant’s "future worth or earning capacity 'unless reasonably certain.’ ” In fact, Florida law imposes this same requirement (see, e.g., Wransky v. Dalfo, 801 So. 2d 239, 242 (Fla. 4th DCA 2001)), which the plaintiffs now seek to avoid. . The plaintiffs' argument that counsel’s references to payouts was justified, is unavailing. The plaintiffs cite to criminal cases and statutes specifically allowing fines and rest…
• Jade Lakay Hart v. Louis Stern, M.D. & Wymore Ob/Gyn Specialists, P.A., 824 So. 2d 927 (Fla. 5th DCA 2002)
  …nstruction; and 3) the instruction was necessary to allow the jury to properly resolve all of the issues in the case. Reyka; Orange County v. Piper, 523 So. 2d 196 (Fla. 5th DCA), review denied, 531 So. 2d 1354 (Fla.1988); see also Wransky v. Dalfo, 801 So. 2d 239 (Fla. 4th DCA 2001). Applying this standard of review, we will determine whether the failure to give the concurring cause and aggravation instructions constitutes reversible error. We will consider the concurring cause instruction first. The Concu…
• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)
  …). One such circumstance is the assessment of punitive damages against the defendant in prior cases. See W.R. Grace & Co. v. Waters, 638 So. 2d 502 (Fla.1994). 7.This instruction is to be given when requested by the defendant. See Wransky v. Dalfo, 801 So. 2d 239 (Fla. 4th DCA 2001). It appears that this instruction can only be used when evidence of the defendant’s net worth has been introduced. See Bould v. Touchette, 349 So. 2d 1181 (Fla.1977); Rinaldi v. Aaron, 314 So. 2d 762 (Fla.1975). This instruction…

  ← 1 / 3 →

Authorities Cited

• Johnson v. Henningson, 370 So. 2d 60 (Fla. 4th DCA 1979)