ALAN C. KINSEY, APPELLANT,
v.
ALTON C. KELLY ET AL., APPELLEES
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A motorcycle rider appeals a jury verdict finding him 100% negligent in a collision with a car at an intersection. The appellate court reversed, finding the verdict against the manifest weight of the evidence because the evidence clearly showed some degree of negligence by the defendant driver.
The verdict was against the manifest weight of the evidence because the undisputed evidence clearly showed at least some degree of negligence on the part of the defendant driver, and the trial judge abused his discretion in denying the appellant's motion for a new trial.
[1] A jury verdict must be set aside and a new trial granted when the verdict is against the manifest weight of the evidence.
[2] A trial judge abuses discretion by denying a motion for a new trial when the jury's verdict is against the manifest weight of the evidence.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While the trial and appellate courts are not authorized to substitute their judgment for that of the jury on disputed questions of fact, a new trial should be granted when the verdict is against the manifest weight of the evidence.”
Establishes the standard for reviewing jury verdicts and when a new trial is warranted.
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Join FLexlaw to unlock all legal intelligenceSandra Kelly stopped her automobile at a red light before making a left turn. When the light turned green, she moved into the center of the intersecti…
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McCORD, Judge.
This is an appeal from a final judgment in favor of appellees (defendants below) following a jury verdict in appellees’ favor in a negligence action.
The undisputed evidence shows that appellee, Sandra Kelly, pulled up to an intersection in her automobile and stopped at the red light before making a left turn. There was an automobile across the intersection headed south. When the light turned green, appellee moved to the center of the intersection and stopped again, waiting for the southbound automobile to pass. Unseen by appellee, appellant was approaching the intersection on his motorcycle from the north at a moderate rate of speed (35 m. p. h.) on a clear day with good visibility. Appellant saw appellee stop for the left turn; he thought she saw him, and he proceeded on his way through the intersection when she moved forward into his path. He applied his brakes, skidded and struck the right corner of the rear bumper of the automobile.
The case was tried on comparative negligence. By its verdict for appellee, the jury necessarily considered that she was without negligence which was a legal cause of the accident, and that appellant’s negligence was 100%.
While the trial and appellate courts are not authorized to substitute their judgment for that of the jury on disputed questions of fact, a new trial should be granted when the verdict is against the manifest weight of the evidence. Here, the record clearly shows at least some degree of negligence on the part of appellee. We, therefore, find that this verdict was against the manifest weight of the evidence and that the trial judge abused his discretion in denying appellant’s motion for a new trial.
Reversed and remanded for a new trial.
RAWLS, C. J., concurs, and BOYER, J., concurring specially.
BOYER, Judge
(specially concurring).
Lest it should be urged that we have overlooked Thompson v. Jacobs et al., Fla. App. 1st 1975, — So. 2d —, opinion filed March 20, 1975, or that our holding here is contrary to our holding there, I think it pertinent to here recite that the record in the case sub judice clearly reveals factual distinctions which render our holdings in Thompson v. Jacobs to be here inapplicable. I accordingly concur.
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Alton Kelly v. Kinsey, 362 So. 2d 402 (Fla. 1st DCA 1978)…from a final judgment entered on a jury verdict in a suit brought by appellee (Kinsey) seeking damages for personal injuries arising out of an automobile-motorcycle collision. This is the second appearance of this case before us. In Kinsey v. Kelly, 312 So. 2d 461 (Fla. 1st DCA 1975), we reversed a judgment in favor of Kelly because the jury verdict was contrary to the manifest weight of the evidence. [*404] Kelly contends the trial court erred in admitting certain opinion testimony of Dr. Bennett and contend…
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Fla. Power & Light Co. v. Goldberg, 856 So. 2d 1011 (Fla. 3d DCA 2002)…nifest weight of the evidence, and a new trial should be ordered solely on the issue of comparative fault. See Morera v. Castellon, 716 So. 2d 818 (Fla. 3d DCA 1998); Pierce v. Nicholson Supply Co., 676 So. 2d 70 (Fla. 2d DCA 1996); Kinsey v. Kelly, 312 So. 2d 461 (Fla. 1st DCA 1975); Clarke v. Stewart, 579 So. 2d 281 (Fla. 3d DCA 1991).…
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N. Dade Golf, Inc. v. Clarke, 439 So. 2d 296 (Fla. 3d DCA 1983)…nbridled, see, e.g., Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla.1978), and a trial judge is not authorized to act as a “seventh juror”, id. at 435, or to substitute his judgment for that of the jury on disputed questions of fact. Kinsey v. Kelly, 312 So. 2d 461, 462 (Fla. 1st DCA 1975), cert. denied, 333 So. 2d 463 (Fla.1976). Here, the defendant offered competent evidence to dispute the allegation that defendant’s negligence was the cause of plaintiff’s heart attack, and it cannot be said that the jury, a…
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- Kinsey v. Alton C. Kelly, 295 So. 2d 670 (Fla. 1st DCA 1974)