Civil Litigation
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Barrientos v. Hyre
26 Fla. L. Weekly D2797 (Fla. 2d DCA Nov. 28, 2001)
Barrientos appealed an order granting a new trial in his action for personal injuries resulting from a motor vehicle accident. After a thorough review of the record, the court concluded that the trial court did not abuse its discretion in ordering a new trial on the issue of comparative negligence, however, the Second District Court of Appeals concluded that a new trial on all issues was unwarranted as the trial court correctly directed a verdict on the issue of the defendant's liability. Because the error requiring a new trial affected only the issue of comparative fault, the new trial had to be limited to that issue.
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