When personal injury cases are brought before the court, it is the responsibility of a judge to determine evidence that will be admitted during the trial and rule on all objections made during the trial process. The jury is instructed by the judge on the relevant laws after the parties have appeared in court. All post-trial motions are to be heard a judge, and they have the responsibility to rule on these motions.
In most Florida personal injury cases, the verdict given by a jury stands as the final decision. But there are few exceptions. This could happen when an appeal is made by either party regarding a verdict made by the judge during the trial. For instance, if one party feels that the ruling of the jury was unfair due to the court’s inability to present substantial evidence, they may appeal to a higher court.
Another exception is when a trial judge believes that the verdict of the jury does not match the weight of the evidence on hand. Most times, the party that lost in trial argues the jury’s ruling in a post-trial motion. They usually raise the argument that the jury was wrong in its decision as they based their judgment on evidence that was admitted or did not even exist. A recent case shows how reluctant the court is to override the decision of the jury.
Through a personal Injury attorney, the plaintiff who was involved in a slip-and-fall accident that resulted in injury filed a case against the defendant. During the trial, the evidence that was presented before the jury regarding the claim of the plaintiff was conflicting. As a result, the jury favored the defendant.
Not satisfied with the verdict, the plaintiff argued during a post-trial motion the ruling of the jury was against the weight of the evidence presented, and therefore the ruling should be reversed. The motion of a new trial by the plaintiff was granted by the court. This prompted the defendant to appeal.
The decision of the defendant to appeal lead to the reversal of the judge’s ruling to grant the plaintiff a new trial. Supporting the jury’s verdict, the court stated that during the trial, the evidence that was presented failed to back the plaintiff’s claim as it was conflicting. They further explained that the jury possesses the authority to rule in favor of any party it deems fit and that the judge could not force the jury to choose who should prevail based on personal judgment.
If you have recently sustained an injury in a Florida slip-and-fall accident, a South Florida premises liability lawsuit will ensure that you receive compensation. With the aid of a personal injury attorney, you will be able to present substantial evidence to back your claims.