WEBB AUTOMOTIVE DISTRIBUTORS, INC., APPELLANT,
v.
STEVEN L. BAXTER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Webb Automotive Distributors appeals a trial court's order granting a remittitur of $104,000 from a $1,104,000 jury verdict, claiming the reduction was inadequate given that the court found the economist's testimony on future damages was speculative and unsupported. The appellate court agrees, finding the remittitur amount lacks clear support in the record and reverses, ordering a new trial on damages.
The appellate court holds that the trial court abused its discretion in ordering the remittitur because the $104,000 reduction is not clearly determinable from the facts of record and lacks explanation, particularly given the court's own finding that speculative testimony accounting for roughly half the verdict improperly influenced the jury. A new trial on damages is appropriate.
[1] A trial court abuses its discretion when ordering a remittitur if the amount of the excess is not clearly determinable from the record.
[2] A remittitur is deficient when the trial court fails to explain the basis for the specific amount ordered, especially when it is significantly less than the speculative t…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“when ordering a remittitur, the amount of the excess must be clearly determinable from the facts of record”
Establishes the legal standard for remittitur orders that the appellate court applies to find error in the trial court's decision.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAt trial, an expert economist testified that the present value of appellee's future lost wages and future medical expenses was approximately $500,000.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Speculative Testimony cases and more on FLexlaw
WARNER, Judge.
This is an appeal from a final judgment after appellee accepted a remittitur. Appellant claims that the court erred by ordering a remittitur of less than the speculative economic testimony admitted. We agree and reverse the judgment in this case and remand for a new trial on damages.
The appellant had made a motion for remittitur or new trial on the grounds that the expert economist’s testimony admitted at trial as to future lost earnings and future medical expenses of appellee was based on speculation. The appellant claimed that the trial court’s failure to strike the testimony, as requested at trial, was harmful error resulting in an excessive verdict. Thé economist testified that the present value of the future lost wages and future medical was nearly $500,000. The jury awarded $1,104,000. In its order granting the remittitur the court agreed that the motion should be granted, concluding that the economist’s testimony was indeed based on speculation and that the jury was led into error by the testimony. However, the trial court required a remittitur of only $104,000 or alternatively a new trial. The appellee accepted the remittitur instead of the new trial, and appellant filed this appeal.
While trial courts are accorded considerable discretion in ruling on motions for remittitur and/or new trial, Zambrano v. Devanesan, 484 So. 2d 603 (Fla. 4th DCA 1986), when ordering a remittitur, the amount of the excess must be clearly determinable from the facts of record. Orlando Executive Park, Inc. v. P.D.R., 402 So. 2d 442 (Fla. 5th DCA 1981), approved 433 So. 2d 491 (Fla.1983). Here the trial court concluded that the economist’s testimony was speculation, that the appellee suffered no loss of future earnings, and that the future medical expense projections were against the manifest weight of the evidence. Yet the trial court inexplicably granted a remittitur of only $104,000 when the testimony before the jury was that these elements of damage approximated $500,000. The court did not explain the reason for remitting only $104,000. To that extent the order was deficient. See Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla.1978); Zambrano v. Devanesan. Our review of the record reveals no support for what the trial court did. An abuse of dis cretion is shown where the record lacks support for the remittitur ordered by the trial court. Wackenhut.
We agree with the trial court that the testimony of the economist was speculative as to future damages. His opinions were not supported by evidence in the record. Therefore, the evidence was erroneously admitted. See Kelly v. Kinsey, 362 So. 2d 402 (Fla. 1st DCA 1978). In the court’s order granting remittitur and conditionally granting new .trial he concluded that the jury was improperly influenced by the testimony, and the record amply supports this conclusion by the mere fact that the speculative testimony could account for half of the jury verdict. Thus, the trial court did not abuse its discretion in granting a new trial.
Consequently, we reverse the amended final judgment and remand for a new trial on damages only. In all other respect we affirm the trial court.
Affirmed in part, reversed in part and remanded.
ANSTEAD, J., concurs.
STONE, J., dissents with opinion.
STONE, Judge,
dissenting.
I cannot say that the amount of the remittitur was an abuse of discretion. I would affirm as to all issues.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla. 1978)
- Orlando Executive Park, Inc. v. Robbins, 433 So. 2d 491 (Fla. 1983)
- Zambrano v. Jegadees D. Devanesan, M.D., 484 So. 2d 603 (Fla. 4th DCA 1986)
- Bell v. State, 402 So. 2d 442 (Fla. 3d DCA 1981)
- Orlando Executive Park, Inc. v. P. D. R., 402 So. 2d 442 (Fla. 5th DCA 1981)
- Alton Kelly v. Kinsey, 362 So. 2d 402 (Fla. 1st DCA 1978)