Torts — Automobile accident — Damages — Permanent injury — New trial — Plaintiff questioned as to why plaintiff’s boyfriend testified that plaintiff did not complain to him about her injuries if plaintiff was still injured — Trial court abused its discretion in granting a new trial based on a single hearsay question where error was not preserved, and trial court failed to make findings required by Murphy test and failed to address each requirement at the hearing on the motion or in its written order — Requirements of Murphy test cannot be met where, although question was improper, there was ample evidence to support jury finding that plaintiff did not sustain permanent injury, plaintiff cannot establish that the harm caused by the question was incurable, and record demonstrates that counsel’s conduct in asking a single, isolated cross-examination question did not amount to an error that seriously affects the basic fairness, integrity, or public reputation of the judicial process
43 Fla. L. Weekly D2792a
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