Public-domain · open source
OpenJurist

911 So. 2d 1277

Hartley v. Flora

District Court of Appeal of Florida

Decided October 5, 2005

District Court of Appeal of Florida · decided 2005-10-05

Cited by 2 later decisions — most recently May 2014

2 state decisions

Relies on 749 So. 2d 490 - Brown v. Estate of Stuckey

Good law ✅— No negative treatment on recordhow we know

Decided 2005-10-05

View the full empirical analysis of this case →

TAYLOR, J.

¶1In this personal injury action for damages arising from an automobile accident, the jury found that the plaintiff was 90% negligent and that the defendant was only 10% negligent. The trial court granted the plaintiffs motion for a new trial on the ground that the verdict was against the manifest weight of the evidence. We affirm. See Brown v. Estate of Stuckey, 749 So.2d 490, 497 (Fla.1999) (holding that the trial court “can and should grant a new trial if the manifest weight of the evidence is contrary to the verdict.”).

¶2We conclude that the trial court erred in admitting evidence of modifications the plaintiff made to his vehicle several months prior to the accident, as this evidence was irrelevant and prejudicial. Thus, we direct that on re-trial of this cause the trial court exclude this evidence.

¶3Affirmed.

GUNTHER and FARMER, JJ„ concur.
/911/so2d/1277 · .json · Public domain