Civil Litigation
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Cocca v. Smith
27 Fla. L. Weekly D1334 (Fla. 2nd DCA June 14, 2002)
Where a jury is instructed by the court that a defendant is negligent and they should determine causation and the jury finds no causation, a zero verdict on damages is not inadequate as a matter of law. Furthermore, when a jury is so instructed and finds no causation, the verdict is not inconsistent with the instructions. A party that fails to raise the issue of inconsistency before the jury is discharged waives the issue for appeal.
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