HAMILTON v. MELBOURNE SAND TRANSPORT INC.

No. 94-1986.

687 So.2d 27 (1997)

Scot L. HAMILTON, Appellant, v. MELBOURNE SAND TRANSPORT, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 30, 1997.


Attorney(s) appearing for the Case

Jack F. Durie, Jr., Orlando, and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for Appellant.

Richard S. Womble and Mary Gannon McMurry of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, and Arthur J. England, Jr., of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for Appellee.


THOMPSON, Judge.

Scot L. Hamilton appeals the trial court's order granting Melbourne Sand Transport's ("MST") motion for remittitur and/or new trial. MST moved to reduce the total jury verdict of $200,000 because the jury found Hamilton did not sustain a permanent injury, and therefore, the jury award of $150,000 for future medical expenses and future loss of earning ability was inconsistent and not legally supportable.1 The trial court...

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