Boyd & Jenerette Appellate Team Wins Appeal in Wrongful Death Case

October 14, 2021 by on News

The firm’s appellate team recently won an appeal of a case involving a fatal automobile vs. motorcycle accident and conflicting evidence of fault. During her deposition, the defendant admitted to being intoxicated and causing the accident. At trial, the jury was presented with the defendant’s admissions, but also was shown conflicting evidence. The jury saw a video of the accident showing the decedent traveling on a motorcycle at approximately 112 mph and striking the defendant’s vehicle. After the jury found in favor of the defendant, the plaintiff moved for a new trial, arguing the jury should have been affirmatively bound by the defendant’s admission of liability. The trial court denied the motion for new trial. On appeal, the Third District Court of Appeal affirmed and held that the trial court did not abuse its discretion by denying the motion for new trial. The jury properly weighed the conflicting evidence before it and were not required to find one piece of evidence weightier than others.

If you have any questions about these cases or would like to refer an appellate or trial support matter, please contact our appellate attorneys.

Kansas R. Gooden
Shareholder / Practice Group Leader
Direct: 305.537.1238

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