Take Time Crafting Your Verdict Form

Take time to properly craft YOUR special interrogatory verdict form. This is the verdict form that goes back with the jury to answer in rendering its verdict. The questions, instructions, and the order of the questions in the verdict form need to flow and make sense. In a recent property insurance coverage dispute, a jury rendered a verdict on a special interrogatory verdict form. The special interrogatory verdict form was, perhaps, not a model of perfection in asking the jury questions to answer. In answering the verdict form, the jury answered the 5th question “yes” that the insurer established that the damage...

23 May

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Accurate Jury Instructions are Important

Posted by David Adelstein

in Appeal, Jury Instructions

Accurate jury instructions that are read to a jury are important. This is because accurate jury instructions help a jury properly resolve issues important to the case. “A decision to give or withhold a jury instruction is reviewed for an abuse of discretion.” Vainberg v. Avatar Property & Casualty Ins. Co., 46 Fla. L.Weekly D1141d (Fla. 4th DCA 2021). In Vainberg, the trial judge refused to give a jury instruction requested by the plaintiff. The case involved a property insurance dispute where the insurer, pursuant to the terms of the property insurance policy, elected to perform the repairs. After the insurer’s contractor...

25 June

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Challenging Standard for Granting Directed Verdict

Posted by David Adelstein

in Evidence, Trial Perspectives

If there is a jury trial, there will be a motion for directed verdict. But, the standard for granting a motion for directed verdict is challenging; if the directed verdict is granted, an appeal will be filed arguing the trial court’s error in granting the directed verdict. James v. City of Tampa, 2016 WL 3201221 (Fla. 2d DCA 2016) was a personal injury action. The issue at trial was whether the plaintiff’s injuries from a car accident constituted a permanent injury (as this issue impacted damages to be awarded to the injured plaintiff). At the conclusion of all of the evidence, the...

28 May

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Purpose of Closing Argument

Posted by David Adelstein

in Appeal, Trial Perspectives

We talked about the purpose of opening statements. Now, let’s talk about the purpose of closing argument. One of my favorite all-time shows is Law and Order. Jack McCoy can certainly deliver a closing argument like no other where the purpose of his closing argument always seems abundantly clear. The purpose of closing argument is to help the jury understand the evidence presented to the law. See Murphy v. International Robotic Systems, Inc., 766 So.2d 1010 (Fla. 2000). It serves as the final opportunity for the lawyer to fully connect his/her client’s theme of the case (possibly explained during opening) based on...