Barrientos v. Hyre

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LETICIA BARRIENTOS and REYNALDO BARRIENTOS, ) ) ) ) ) ) ) ) ) ) Appellants, v. RICHARD HYRE, Appellee. Case No. 2D01-1859 ) Opinion filed November 28, 2001. Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge. R. Steven Rawls, Lisa A. Oonk, and Joseph L. Zollner of Butler, Burnette & Pappas, Tampa, for Appellants. Steven G. Lavely, Bradenton, for Appellee. PER CURIAM. Reynaldo and Leticia Barrientos appeal an order granting Richard Hyre a new trial in his action for personal injuries resulting from a motor vehicle accident. After a thorough review of the record, we conclude that the trial court did not abuse its discretion in ordering a new trial on the issue of comparative negligence. However, we conclude that a new trial on all issues is unwarranted. The trial court correctly directed a verdict on the issue of the defendant s liability. The permanency of the plaintiff s injury was undisputed at trial. Mr. Hyre has raised no legal challenge to the adequacy of the amount of damages awarded by the jury. That award includes all of his requested economic damages and a sizable award for noneconomic damages. The error requiring a new trial affected only the issue of comparative fault, and the new trial must be limited to that issue. See Nash v. Wells Fargo Guard Servs., Inc., 678 So. 2d 1262 (Fla. 1996). See also Purvis v. Inter-County Tel. & Tel. Co., 173 So. 2d 679 (Fla. 1965). Affirmed in part, reversed in part, and remanded. ALTENBERND, A.C.J., and DAVIS and STRINGER, JJ., Concur. -2-

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