Westminster Community Care Services, Inc. v. Mikesell
12 So. 3d 838 (Fla. 5th DCA 2009) (May)
The trial court ordered a new trial on the issue of damages only after the jury found that the nursing home was negligent but then awarded zero damages to the plaintiff. The plaintiff made a motion for additur, the nursing home contested that motion and made its own motion for a new trial on both liability and damages, and the trial court sided with the plaintiff. Section 768.74(4), Florida Statutes, states that if a party “adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.” The district court held that the trial court should have ordered a new trial on both issues. The district court pointed to a line of cases which held that, despite 768.74(4), a new trial on both issues is necessary when an additur is needed and the liability issue was “hotly contested.”