Admission of evidence concerning liability is reversible error when liability is uncontested and there is a reasonable possibility the evidence contributed to the jury’s verdict

On rehearing, the Fourth District reversed the plaintiff’s $1,002,238.17 jury award, which arose from “a minor rear-end auto accident,” and remanded the case for new trial. Although the trial court ultimately granted a directed verdict on the plaintiff’s claim for mental anguish, he was allowed to testify as to the mental anguish he suffered due to the defendant’s desire to leave the accident scene, failure to apologize and delay in admitting liability until just prior to trial. Noting that evidence of liability is irrelevant and prejudicial when a defendant admits responsibility and only the issue of damages remains, the Fourth District found error in the admission of this mental anguish evidence. Under the new standard announced in Special v. West Boca Medical Center, 160 So. 3d 1251 (Fla. 2014), the appellate court reversed, finding that the plaintiff was unable to prove there was no reasonable possibility that the errors complained of contributed to the verdict.

_{Case Law Alerts, 3rd Quarter, July 2015}

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