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Motion for New Trial Granted in Part in Automobile Negligence Case

Bill Bissett, of the Miami office, with Earleen Cote and Sia Nejad, of the Fort Lauderdale office, prevailed in obtaining an order granting in part a defense motion for new trial in an automobile negligence case. The jury had returned a Plaintiff’s verdict totaling over $1.4 million. The vast majority of that sum, approximately $1 million, was awarded for Plaintiff’s future loss of earning capacity claim. The trial court ordered a new trial as to the future loss of earning capacity claim. The trial court agreed with the defense that the court should not have excluded evidence that the Plaintiff, a pain doctor, had his license to prescribe narcotic medication revoked by the Drug Enforcement Administration (DEA), and that the error was compounded when Plaintiff presented testimony indicating the license was merely suspended. The trial court, concluding this prejudiced the defense of Plaintiff’s future loss of earning capacity claim, therefore granted a new trial in part as to that claim. Plaintiff has appealed.

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