Winn-Dixie Stores, Inc. v. Crowell
Winn-Dixie Stores, Inc. v. Crowell
Opinion of the Court
Winn-Dixie Stores, Inc., appeals an adverse final judgment in a premises liability case. As to the first issue, we affirm because (a) the point was not preserved for appellate review, see Ter Keurst v. Miami Elevator Co., 486 So.2d 547, 550 (Fla. 1986), and (b) in any event, the “back-strike” was exercised prior to the swearing of the jury. See Fla. R.Civ.P. 1.431(f) & committee note to 1988 amendment.
The second issue on appeal has merit. Ap-pellees concede that the award for future medical expenses is excessive. The future medical award was $25,000 but must be reduced to $5,700, which is the amount supported by the evidence. In addition, the award for past medical expenses was $20,000 but must be reduced to $19,106.42, which is the amount supported by the evidence.
Affirmed in part, reversed in part, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.