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Florida First DCA rules that trial court erred in not allowing the jury to decide issue of proximate causation in motor vehicle negligence case

On September 21, 2020, in Vitro America, Inc. v. Ngo, No. 1D19-3737, the Florida First DCA reversed an 8.2 million judgment for the plaintiff in a motor vehicle negligence action after concluding that the trial court erred in directing a partial verdict for the plaintiff on the issue of proximate causation and not allowing this issue to be decided by the jury. “Weighing the facts and factual inferences in the light most favorable to Vitro [the defendant], we conclude that had the jurors been allowed to conduct themselves as the triers of fact on causation, they might have deduced that Mr. Ngo’s [the plaintiff] inattentiveness was the sole proximate cause of the collision.” The First DCA came to this conclusion even though the trial court had submitted the issue of comparative negligence to the jury.

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