Velie v. Walmart Stores East, LP
After a $6.79 million verdict against Walmart in a pallet-jack injury case, the trial court granted Walmart a new trial based on the cumulative effect of a juror becoming visibly ill viewing a brain-injury demonstrative, mid-trial juror discussions reflected in a jury note, juror confusion about instructions, and concerns from the ensuing juror interview. The Fourth District reversed, holding the record showed no prejudice or miscarriage of justice under section 59.041, and ordered the verdict reinstated. It also affirmed that no additional evidentiary hearing was required before ruling on the new-trial motion.
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