OSTEEN v. SEABOARD COAST LINE RAILROAD CO.

No. T-361.

305 So.2d 241 (1974)

Sherman Gary OSTEEN, Appellant, v. SEABOARD COAST LINE RAILROAD CO., Etc., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 8, 1975.


Attorney(s) appearing for the Case

Lawrence V. Hastings and Robert Orseck of Podhurst, Orseck & Parks, Miami, for appellant.

Phillip A. Webb, III, of Webb, Swain & Watson, Jacksonville, for appellee.


JOHNSON, Judge.

Appellant was injured while working for appellee as a flagman on a switching move. After a trial on the issues of liability and damages, the jury returned a verdict for appellant in the amount of $1,500,000.00. Pursuant to appellee's post-trial motions, the trial court granted the motion for a new trial on all issues, finding that the verdict shocked the judicial conscience as being grossly excessive and that it was arrived at through passion, prejudice...

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