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Florida Third DCA rules the jury's award of damages for past medical expenses but not future medical expenses was not legally inconsistent

On April 25, 2018, in Francis-Harbin v. Sensormatic Electronics, et al., No. 3D17-407, the Florida Third DCA affirmed a trial court’s ruling that a jury verdict in a negligence case was not legally inconsistent when the jury awarded damages for past medical expenses but not future medical expenses. The Court cited a Second DCA decision in Allstate Indem. Co. v. Clark, 736 So. 2d 1 (Fla. 2d DCA 1998), which came to the same conclusion. The plaintiff had properly preserved the issue at trial by raising it before the jury was discharged and then moving for a new trial after the jury was discharged. The issue was reviewed on appeal under an abuse of discretion standard applicable to the denial of motions for a new trial. See Allstate Ins. Co. v. Manasse, 707 So. 2d 1110, 1111 (Fla. 1998).
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