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Florida Fourth DCA rules that trial court erred in denying defendant's motion for remittitur where $150,000 award for future medical expenses was supported by insufficient evidence

On March 7, 2018, in Wal-Mart Stores, Inc. v. Thornton, No. 4D16-4173, the Florida Fourth DCA reversed a final judgment award of future medical expenses to a plaintiff in a slip-and-fall premises liability case, finding that the future medical expenses award was not sufficiently supported by the evidence. The jury awarded the plaintiff $150,000 for future medical expenses even though the plaintiff’s doctor testified that future medical costs for “a potential future knee replacement surgery” would not exceed $75,000. The Fourth DCA concluded that the award bore no reasonable relationship to the damages proved.

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