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CASES - Civil

By Jeffrey Ivashuk

Torts -- Automobile accident -- No abuse of discretion in denial of motion for new trial following jury verdict finding no liability on part of towing company and sheriff for accident which occurred when plaintiff's tractor-trailer caught tow cable stretched from two steel booms on rear of wrecker, causing cable to snap, cut through top of plaintiff's cab, and graze plaintiff's head -- Argument -- Although remarks by defense counsel expressing personal opinions and attempting to discredit plaintiff's treating physicians were improper, comments were not so highly prejudicial as to deny plaintiff fair trialReported at 33 Fla. L. Weekly D690b Torts -- Product liability -- Dismissal -- Spoliation of evidence -- Trial court erred in dismissing action against distributors of marble edge polishing wheel which allegedly broke into pieces while plaintiff was operating a grinder with the polishing wheel attached, with a piece striking plaintiff in the eye, on the ground that the polishing wheel, the grinder, and safety glasses had been lost by plaintiff -- Extensive photographs of the polishing wheel had been made, and plaintiff asserted that he can prove his claim based on the photographs and other specimens of the allegedly defective product -- Parties can be placed on equal footing by limiting the plaintiff to photographic evidence which is available to both parties -- Defendant will not be left completely unable to defend without the spoliated product -- Where decision to dismiss is based on defense expert's opinions of prejudice, plaintiff should have opportunity to test those opinions in discoveryReported at 33 Fla...continue to full post

Full post as published by JAABlog on March 08, 2008 (boomark / email).