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).
