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Denial of Plaintiff’s Motion for New Trial.

Valerie A. Dondero, Nicole Lauren Wulwick and Sharon C. Degnan | June 22, 2016

Valerie A. Dondero and Nicole Lauren Wulwick, of the Miami office, received a denial on Plaintiff’s Motion for New Trial involving a product liability case that was tried and won with a complete defense verdict this past October. The Judge was not compelled by Plaintiff counsel’s arguments or his deficient Motion for New Trial. Sharon C. Degnan, of the Ft. Lauderdale office, also assisted in drafting the legal arguments for this case.

The Plaintiff attacked almost all parts of the trial as fundamental error meriting a new trial including but not limited to, the special jury instructions requested by the Defense on product misuse and the Owner-Builder Florida Statute, the order of the verdict form being preceded by the Statute of Limitations question as to the negligence claim, including a Fabre Defendant on the verdict form, disallowing certain evidence from the Florida Department of Agriculture, reading incomplete prior testimony to the jury, denying directed verdicts on the Statute of Limitations issue, and discrediting Defendant’s toxicology expert as not being qualified to introduce medical testimony. Nicole successfully argued the Motion to convince the Judge there was no fundamental error to merit a new trial.

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