Weekly Case Law Update Week Ending March 26, 2010
PENA v. VECTOUR OF FLORIDA, INC. et al. Case No. 1D09-2427. 1st DCA. March 25, 2010.
[Torts. Motion for New Trial]
The Plaintiff was a passenger on a tour bus owned by one defendant and driven by a second defendant. A third defendant rear ended the bus and the Plaintiff was injured. The case went to verdict, which went in favor of all three defendants. The Plaintiff filed a motion for a directed verdict on the basis that the verdict was against the manifest weight of the evidence. The trial court granted the motion as to the driver who rear ended the bus, but denied the motion as to the bus owner and driver and the Plaintiff appealed. The 1st DCA held in order to find a verdict is against the manifest weight of the evidence, the evidence must be clear and obvious, and not conflicting, unlike in this case where there was conflicting evidence of the cause of the Plaintiff’s injuries and the actions of the defendants. The Court found that the trial court acted reasonably and that the Plaintiff was simply seeking a more favorable outcome in the appellate court.