STATE FARM MUT. AUTO. INS. CO. v. GAGE

No. 90-3192.

603 So.2d 669 (1992)

State FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Marshall and Donna GAGE, Appellees.

District Court of Appeal of Florida, Fourth District.

August 12, 1992.


Attorney(s) appearing for the Case

Frances F. Guasch of Barnett, Clark & Barnard, Miami, for appellant.

Robert J. Bogdanoff and Lewis S. Kimler of Lewis S. Kimler, P.A., Plantation, for appellees.


OWEN, WILLIAM C., Jr., Senior Judge.

Appellant insurer, defendant in this uninsured motorist case, received a jury verdict in its favor, but that victory was taken away by post-trial order granting plaintiffs' motion for a new trial. Because we find no abuse of discretion, we affirm.

The jury found the uninsured motorist and the plaintiff Marshall Gage equally at fault. Nonetheless, the jury returned its verdict in favor of the defendant insurer based on the...

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