Progressive v. Lorenzo

Answer Brief

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Answer brief arguing:

The trial court acted within its discretion when denying Defendant’s motion for new trial on the ground that plaintiff’s questioning of Dr. Zeide was prejudicial.

Defendant failed to preserve for appellate review its argument that Plaintiff’s questioning of Dr. Zeide regarding the outsourcing of his transcription service was

prejudicial error because it did not lodge a contemporaneous objection below. And, Plaintiff’s attempt to demonstrate the bias of Dr. Zeide regarding his practice

of making the plaintiffs he examines feel uncomfortable and intimidated by undressing for their compulsory medical examinations was not so prejudicial as to create a miscarriage of justice. Plaintiff’s questioning was brief, reasonably responded to by Dr. Zeide, and never again mentioned once the trial court sustained defense counsel’s objection. The trial court, therefore, was within its

discretion to deny Defendant’s motion for new trial on this ground.

Defendant failed to preserve for appellate review the question of whether the jury’s award to Plaintiff for future medical expenses was excessive because it

failed to object at a time when the purported error could have been corrected by the jury. Furthermore, Defendant’s arguments as to both its request for a new trial and

its request for remittitur fail on the merits because the jury’s award to Plaintiff for future medical expenses, as well as the jury’s total award to Plaintiff, is supported

by the evidence and is not so great that it should have been a shock to the judicial conscience. The trial court, therefore, acted within its discretion when denying

both Defendant’s motion for new trial and motion for remittitur.

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Reference Info:Appellate Brief | State, 11th Circuit, Florida | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Diana Martin, Leopold~Kuvin, PA | Attorney Advertising

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