Kuebler v. Ferris
2011 Fla. App. LEXIS 11354
| Fla. Dist. Ct. App. | 2011Background
- Ferris was rear-ended in a 2002 fender-bender; rear impact described as a ‘hard’ hit by Ferris and a ‘tap’ by defendant.
- Damage to Ferris’s car was minimal; both drivers exchanged information and left the scene.
- Ferris initially said she was fine but later developed neck stiffness and pain, with pain radiating to arms.
- Ferris sought medical care about 30 days after the accident; treatment included chiropractic care and various prescriptions; she claimed ongoing injury and eventual permanency.
- The defense contended there was only a temporary neck strain; multiple experts disputed permanency, and the trial court granted a new-trial motion on manifest weight grounds.
- The jury verdict held the accident was not a legal cause of Ferris’s injuries; the trial court granted a new trial and then the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict was against the manifest weight of the evidence | Ferris argues evidence showed at least a neck injury and some permanency. | Ferris failed to prove a legally cognizable injury caused by the accident. | Affirmed the new-trial order |
| Whether the new trial should be limited to non-permanent injuries | No limit; full retrial on all injury issues warranted. | Limit to non-permanent injuries consistent with Gleason. | Limit the new trial to non-permanent injuries |
Key Cases Cited
- Brown v. Estate of Stuckey, 749 So.2d 490 (Fla. 1999) (trial court afforded broad discretion in new-trial motions; need not be clear error for abuse)
- Cloud v. State Farm Mut. Auto. Ins. Co., 110 So.2d 673 (Fla. 1959) (trial judge should articulate reasons for new trial to avoid prejudice)
- Jordan v. Brown, 855 So.2d 231 (Fla. 1st DCA 2003) (courts must not substitute their credibility determinations for the jury’s)
- Schmidt v. Van, 65 So.3d 1105 (Fla. 1st DCA 2011) (reversal when trial court disregards jury’s prerogative to assess credibility)
- The Hertz Corp. v. Gleason, 874 So.2d 1217 (Fla. 4th DCA 2004) (limit new trial to undisputed injuries where causation of a disputed neurological injury is at issue)