Hernando County School Board v. Nazar
Docket: No. 5D05-1623
Court: District Court of Appeal of Florida; March 14, 2007; Florida; State Appellate Court
A negligence action was brought by Paul and Alison Nazar against the Hernando County School Board, claiming Mr. Nazar suffered permanent injuries from stepping into a deep hole on School Board property. The jury awarded Mr. Nazar $8,000 for past medical expenses and $10,000 for future medical expenses, but no damages for pain and suffering, and denied Mrs. Nazar's loss of consortium claim. The Nazars' attorney had initially sought over $150,000 in damages. On appeal, the School Board argued that the trial court erred by not granting a directed verdict, asserting the Nazars failed to demonstrate that the School Board had actual or constructive knowledge of the hazardous condition. The dissenting opinion maintained that the question of constructive knowledge was appropriately left for the jury to decide. However, it also contended that the trial court abused its discretion in denying the School Board's motion for a new trial due to misconduct by the Nazars. Specific misconduct included violations of pretrial orders regarding references to settlement offers, which suggested the School Board had previously offered to cover Mr. Nazar's medical expenses. These references occurred despite the court's instructions to avoid mentioning insurance. The dissent highlighted that the jury's verdict may have been improperly influenced by these comments, warranting a new trial for the School Board. The dissent expressed concern that while the current jury awarded limited damages, a different jury might have awarded higher amounts, indicating that the decision to affirm the trial court could ultimately be detrimental to the School Board.