Whitney v. Milien
125 So. 3d 817
Fla. Dist. Ct. App.2013Background
- Plaintiff Milien, a rear-seat passenger, was rear-ended by Whitney, causing quadriplegia.
- Trial centered on comparative negligence and projected cost of plaintiff's future medical care over a lengthy three-week trial.
- Jury awarded substantial damages to plaintiff; Whitney moved for new trial and/or remittitur, which the court denied.
- Appellate review of alleged improper closing arguments is for abuse of discretion; no reversible error found here.
- Court held the verdict not shockingly excessive and supported by evidence; remittitur not warranted.
- Rehearing opinion clarified harmless-error standard, maintaining that the record did not show pervasive error affecting fairness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion denying a new trial | Whitney argues improper closing arguments tainted trial | Milien contends errors were not pervasive enough for new trial | No abuse; denial affirmed |
| Whether the verdict was excessive and against the manifest weight | Verdict shockingly large and influenced by passion | Verdict within reasonable range given evidence | Not contrary to weight; supported by evidence |
| Whether remittitur was warranted | Remittitur should reduce excessive award | Remittitur not justified; verdict within range | Remittitur not warranted; affirmed verdict |
| Harmless-error standard applied post-rehearing | Special v. Baux standard should govern | No reversible error under proper standard | Special standard applied; errors not shown to influence verdict |
Key Cases Cited
- Bocher v. Glass, 874 So.2d 701 (Fla. 1st DCA 2004) (totality of errors not pervasive enough to doubt fairness)
- Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980) (review of closing arguments; fairness of trial)
- Abbott v. Dorleans, 41 So.3d 984 (Fla. 4th DCA 2010) (verdict not reversed for disagreement alone; must be manifestly excessive)
- Weinstein Design Grp., Inc. v. Fielder, 884 So.2d 990 (Fla.4th DCA 2004) (verdicts; standards for excessive awards)
- Becker v. Williams, 652 So.2d 1182 (Fla.4th DCA 1995) (manifest weight standard clarified)
- Lassitter v. Int’l Union of Operating Eng’rs, 349 So.2d 622 (Fla.1976) (appellate restraint on disturbing jury verdicts)
- Intramed, Inc. v. Guider, 93 So.3d 503 (Fla.4th DCA 2012) (harmless error standard in review of trial proceedings)
- Special v. Baux, 79 So.3d 755 (Fla.4th DCA 2011) (harmless-error framework for determining impact on verdict)