Showan v. Pressdee, No. 17-15547 (11th Cir. 2019)Annotate this Case
Plaintiff appealed from her $330,000 jury verdict against Krispy Creme after an employee of Krispy Kreme rear-ended plaintiff while she was stopped at a red light. The Fourth Circuit affirmed in part, vacated in part, and remanded, holding that the district court did not abuse its discretion in not providing a curative instruction regarding defendants' opening statements because the statements did not refer to evidence of any specific offers to settle or compromise. Furthermore, defendants were properly allowed to argue that medical charges were unreasonably high, and the district court did not abuse its discretion by admitting testimony of defendants' medical-rate experts.
The court declined to resolve the medical records dispute. The court held that the district court's statement that plaintiff's unit-of-time argument was "not allowable under the law" was incorrect because the district court has complete discretion to disallow the argument or to allow it subject to safeguards. The court affirmed the district court's grant of judgment as a matter of law regarding the claim for lost future wages. Finally, the court found no conflict between Rule 11 of the Federal Rules of Civil Procedure and O.C.G.A. 9-11-68(e), and held that plaintiff was entitled to a bifurcated hearing.