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Florida Fifth DCA reverses trial court's grant of new trial to the plaintiff in slip and fall case, finds defense verdict was not against manifest weight of the evidence

On October 20, 2017, in Allstar Cleaning Service v. Grinwis, No. 5D16-2617, the Florida Fifth DCA reversed a trial court’s order granting the plaintiff a new trial in a slip and fall case. The trial court had concluded that the verdict for the defense was against the greater weight of the evidence. The Fifth DCA noted that there was conflicting testimony from several witnesses regarding liability and causation and opined that a jury verdict can be considered contrary to the manifest weight of the evidence only when the evidence is “clear, obvious and indisputable.” The Court cited Lindon v. Dalton Hotel Corp., 113 So. 3d 985, 987 (Fla. 5th DCA 2013), for the proposition that a jury verdict is generally not against the weight of the evidence if the record shows conflicting testimony from two or more witnesses.
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