GAMSEN v. STATE FARM FIRE AND CAS. CO.

No. 4D09-2636.

68 So.3d 290 (2011)

Michael C. GAMSEN and Michele Gamsen, his wife, Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY and Murray Katsen, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 21, 2011.


Attorney(s) appearing for the Case

Philip M. Burlington and Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Steven J. Hammer of Law Offices of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellants.

Susan S. Lerner and Elizabeth K. Russo of Russo Appellate Firm, P.A., Miami, and Clark Robb Mason Coulombe & Buchman, Coral Springs, for appellee State Farm Fire and Casualty Company.


MAY, C.J.

The plaintiffs appeal an order granting the defendants' motion for a new trial based upon the failure of two jurors to disclose their involvement in other litigation. They argue the court abused its discretion in granting the new trial. We agree and reverse.

While the husband was running an errand for his employer, he was rear-ended by a vehicle driven by the individual defendant. He and his wife sued the driver for negligence and the husband's employer...

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