WILLIE LEE WILLIAMS, APPELLANT,

v.

JAMES V. CROSBY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Citator

Cited By

• Carnival Corp. v. Pajares, 972 So. 2d 973 (Fla. 3d DCA 2007)
  …, we conclude that the cumulative prejudicial effect of the improper comments noted herein requires a new trial to protect the overall fairness of the trial court proceedings, and to ensure that Carnival receives a fair trial. See Wemeck v. Worrall, 918 So. 2d 383, 388 (Fla. 5th DCA 2006) (finding that, although trial courts have considerable discretion on motions for new trial, the trial court abused its discretion by denying the motion where justice requires a new trial based upon the cumulative effect of t…
• City OF Orlando v. Pineiro, 66 So. 3d 1064 (Fla. 5th DCA 2011)
  …ressed above, this comment adds support for our decision. The cumulative effect of the improper comments leads us to conclude that the City was deprived' of a fair trial and that a new trial to cure the prejudice is required. See Werneck v. Worrall, 918 So. 2d 383, 388 (Fla. 5th DCA 2006); Bocher, 874 So. 2d at 704. 3. Additional Send-A-Message Argument. Pineiro’s counsel later argued that Pineiro was not seeking a monetary award based upon sympathy, but was seeking damages equal to the harm the City caused…
• Crane Co. v. DeLISLE, 206 So. 3d 94 (Fla. 4th DCA 2016)
  …this range for each hour of each day that DeLisle had been ill. Counsel encouraged the jury to take into account an improper measure of damage by using the defendants’ ability to pay its experts as the gauge for a damage award. Werneck v. Worrall, 918 So. 2d 383, 388 (Fla. 5th DCA 2006), is instructive. There, in a wrongful death case against a trucking company, the plaintiffs attorney suggested to the jury in closing that it calculate the pain and suffering to the survivors based upon the number of trucks…

Authorities Cited

• Frantz v. Moore, 772 So. 2d 581 (Fla. 1st DCA 2000)
• Thomas v. State, 772 So. 2d 581 (Fla. 1st DCA 2000)