The Second District Court of Appeal reversed a trial court for an improper intrusion into the jury's evaluation of the evidence.

Smith was an automobile negligence case where the plaintiff alleged permanent injury to his neck and knee. The jury returned a verdict for the plaintiff, awarding past medical expenses totaling $37,000, but not awarding any fees related to future medical expenses or for pain and suffering. The plaintiff filed a motion for a new trial on damages, arguing the "verdict was contrary to the manifest weight of the evidence," because evidence established the plaintiff's permanent neck and knee injuries. The trial court granted the motion and ordered a new trial. On appeal, the standard of review for granting a new trial is an abuse of discretion and, specifically, "[f]or a verdict to be against the manifest weight of the evidence...the evidence must be clear, obvious, and indisputable; where there is conflicting evidence, the weight to be given that evidence is within the province of the jury." In this case, there was conflicting evidence as to the plaintiff's injuries regarding the permanency of the neck and knee injuries. Therefore, the Second District Court of Appeal held the trial court improperly weighed in on the jury's province in weighing and deciding the evidence and, as a result, overturned the trial judge's decision in favor of the defendant.

Case Law Alert, 3rd Quarter 2013