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GENERAL MOTORS CORP. v. McGEE

Nos. 4D98-2795, 4D99-240.

837 So.2d 1010 (2002)

GENERAL MOTORS CORPORATION, a Foreign Corporation, General Motors Corporation Buick, Oldsmobile, Cadillac Group, and General Motors Corporation Oldsmobile Division, Appellants, v. Robert J. McGEE, Individually, Constance McGee, Individually, Kelly Amber McGee, a Minor, through her Parents and Natural Guardians, Robert J. McGee and Constance McGee, and Robert J. McGee and Constance McGee, as Personal Representatives of the Estate of Shane McGee, Deceased, Valley Forge Insurance Company, a Pennsylvania Corporation, Progressive American Insurance Company, a Florida Corporation, State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and Valley Industries, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

As Modified On Grant of Clarification March 5, 2003.

Attorney(s) appearing for the Case

Frank M. Hinman, David M. Heilbron, Joy K. Fuyuno, Anthony T. Falzone, Monty Agarwal, and Christina M. Wheeler of Bingham McCutchen, LLP, San Francisco, California, William L. Kirk, Jr., and Daniel J. Gerber of Rumberger, Kirk & Caldwell, P.A., Orlando, John H. Pelzer, and Terrence Russell of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, and John Beranek of Ausley & McMullen, Tallahassee, for appellants.

Sheldon J. Schlesinger, Robert W. Kelley, and John J. Uustal of Sheldon J. Schlesinger, P.A., Fort Lauderdale, and Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, for appellees-Robert J. McGee, individually, Constance McGee, individually, Kelly Amber McGee, a minor, through her parents and natural guardians, Robert J. McGee and Constance McGee, and Robert J. McGee and Constance McGee, as Personal Representatives of the Estate of Shane McGee, deceased.

GROSS, J.

This products liability case arises from a lengthy trial where the plaintiffs recovered a substantial verdict in compensatory damages and the jury declined to award punitive damages.

We affirm. The trial was marred by the behavior of the attorneys on both sides. Nonetheless, the trial judge guided the trial to its conclusion with a steady, even hand.

The Accident and Plaintiffs' Injuries

On July 3, 1991, Robert and Connie...

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