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Reverse and Remand for New Trial in Auto Negligence Case

Angela Flowers, of the Ocala office, prevailed on appeal, where the Fifth District Court reversed and remanded for a new trial or remittitur on the issue of damages for Plaintiff’s future loss of earning capacity. This is an appeal from a Plaintiff’s verdict in an admitted liability, automobile negligence case. The jury awarded Plaintiff almost $1.5 million in total damages. On appeal, Angela sought reversal of the extravagant awards for Plaintiff’s future loss of earning capacity and future medical expenses claims which together comprised about 1/3 of the verdict. The Fifth District was persuaded by Angela’s arguments that the evidence of Plaintiff’s alleged future loss of earning capacity was insufficient, as the evidence was essentially that Plaintiff feared losing her job, rather than any real diminished capacity to continue her employment. The Court concluded that such “fear” is speculative and cannot serve as a proper basis for the award.

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