While the American jury system is one of the greatest human inventions, it is not infallible. At times our peers are influenced by prejudice, passion, or corruption; they sometimes ignore or misconceive evidence, take improper elements of damages into account by speculation and conjecture.
A verdict based on any of these elements should be rejected by the trial judge and superior appellate courts. There are various procedures for putting the decision before the respective courts. Rather than address those procedures, this blog will focus on the legal standards the courts consider.
There are two standards. The threshold standard is purely objective, the other standard is a hybrid of objective and subjective analysis.
The leading cases for the objective standard include Parrish v. City of Orlando, 53 So.3d 1199 (Fla. 5th DCA 2011), Ellender v. Bricker, 967 So.2d 1088 (Fla. 4th DCA 2007), Dolphin Cruise Line, Inc. v. Stassinopoulos, 731 So. 2d 708 (Fla. 3d DCA 1999), Stevens v. Mount Vernon Fire Insurance Co., 395 So. 2d 1206 (Fla. 3d DCA 1981), and Deklyen v. Truckers World, Inc., 867 So.2d 1264 (Fla. 5th DCA 2004).