City of Gainesville, d/b/a Gainesville Regional Utilities v. Jacob T. Rodgers
After a $114 million verdict (remitted to a final judgment of $18.3 million) against the City for its employee's negligent driving, the First DCA held the trial court abused its discretion in denying a new trial because the jury's finding of zero comparative fault by the unbelted plaintiff and the speeding driver was against the manifest weight of unrebutted expert testimony, compounded by plaintiff's counsel's closing argument implying no fault because no statute requires backseat belt use. The court affirmed that its earlier per curiam affirmance of the denial of summary judgment on sovereign immunity became law of the case, barring re-litigation of scope of employment.
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