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THE HEAT EXPRESS, INC. v. HENRY

No. 3D01-627.

807 So.2d 159 (2002)

THE HEAT EXPRESS, INC., Appellant, v. Ralph A. HENRY and Marie Henry, Appellees.

District Court of Appeal of Florida, Third District.

February 13, 2002.

Attorney(s) appearing for the Case

Adams & Adams, and Joel Lumer, and Peter G. Walsh, Miami, for appellant.

Law Offices of Richard A. Beauchamp (Ft.Lauderdale); Caruso, Burlington, Bohn & Compiani, P.A. and Philip M. Burlington (West Palm Beach), for appellees.

Before GREEN, SHEVIN, and RAMIREZ, JJ.

GREEN, J.

The Heat Express, Inc. ("Heat Express"), defendant below, appeals an order granting a new trial to Ralph and Marie Henry, plaintiffs below, on the issue of damages in their personal injury action. We affirm, as we cannot conclude that the trial court abused its discretion in ordering a new trial on this issue.

Ralph Henry was injured by a Heat Express employee who was in the process of unloading a large commercial pizza oven from a truck. The oven...

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