Civil Litigation

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MCI Express, Inc., et al. v. Ford Motor Co.

27 Fla. L. Weekly D2137 (Fla. 3d DCA October 11, 2002)

Trial court erred in not granting plaintiff a new trial where racial epithet on an audio tape of a conversation between plaintiffs was exploited by the defense and could have been rephrased for the jury in a way that would not have changed the meaning of the sentence or reduced its relevance. Any probative value of the racial slur was outweighed by the prejudice that resulted from the jury hearing it. Court noted that the Florida Supreme Court has held that introduction into evidence of a racial or ethnic slur is not per se reversible error.

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