USAA Casualty Insurance Company v. David L. Deehl
In an uninsured motorist action arising from a bicycle crash caused by a phantom vehicle, a jury awarded $500,000 and apportioned 30% fault to the plaintiff. The trial court granted JNOV eliminating the plaintiff's comparative fault and ordered an additur increasing past and future non-economic damages from $125,000 each to $750,000 each; when USAA rejected the additur, the court ordered a new trial on non-economic damages. The Third DCA affirmed all three challenged orders, finding no abuse of discretion in the additur and no error in the JNOV or the denial of USAA's summary judgment motion.
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