CourtCases2010

Walgreen company brenda diana chase appellant v

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Unformatted text preview: en resolved in Mrs. Russell's favor for the purposes of determining Doral's entitlement to judgment notwithstanding the verdict. Accordingly, the trial court erred in granting judgment notwithstanding the verdict on the retaliatory discharge counts. We also conclude that the trial court abused its discretion in granting a new trial on the retaliatory discharge counts because, like the sexual harassment count, the trial court provided no reasons for such a conclusion other than referring to the points it made in its flawed analyses on the judgment notwithstanding the verdict issues. III. LOSS OF CONSORTIUM CLAIM [13] On Mr. Russell's loss of consortium claim, we hold that Doral waived any inconsistency in the verdict because no objection was made to the defective verdict before the jury was discharged. See *381 Republic Servs. of Fla., L.P. v. Poucher, 851 So.2d 866, 870 (Fla. 1st DCA 2003); J.T.A. Factors, Inc. v. Philcon Servs., Inc., 820 So.2d 367, 371 (Fla. 3d DCA 2002) ("contention that a jury verdict is inconsistent must be raised at the time the verdict is read and before the jury is released in order to allow an opportunity to cure"). Thus, this award must be reinstated. IV. REMITTITUR [14] Finally, we conclude that the trial court abused its discretion in granting a remittitur to Doral. See Brown v. Estate of Stuckey, 749 So.2d 490, 498 (Fla.1999). Other than stating that "the damages awarded by the jury were clearly excessive," the trial court provided no justification whatsoever for granting the remittitur or for reducing the award to $75,000. By granting a remittitur without explanation, the trial court has left us to "grasp at straws" in reviewing this portion of the Final Judgment. Wackenhut Corp. v. Canty, 359 So.2d 430, 435 (Fla.1978). Based upon the foregoing analysis of the Final Judgment, this case is remanded to the trial court with directions to reinstate the jury verdict in its entirety. Moreover, we direct the trial court to entertain the merits of the Plaintiffs' claim for attorney's fees, which was origina...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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