Torts — Negligence — Directed verdict — New trial — Plaintiff who allegedly suffers from post-traumatic stress disorder as a result of sexual abuse perpetrated by a jail inmate while plaintiff was participating in jail tour conducted by defendant — Trial court erred in entering directed verdict on liability in favor of plaintiff after jury returned verdict in favor of defendant — While evidence established that defendant conducted jail tour in negligent manner and there was no evidence that would support finding that plaintiff was comparatively negligent, jury could have properly concluded that defendant’s negligence was not the legal cause of loss, injury, or damage — Error to grant plaintiff’s motion for new trial on grounds that defense counsel willfully violated orders in limine during closing argument — Because plaintiff failed to move for a mistrial, defense counsel’s misconduct was subject to fundamental error analysis standard set forth in Murphy v. International Robotic Systems, Inc. — Murphy test cannot be met in this case where, although defense counsel’s arguments were clearly improper, court cannot conclude that they were incurable or that they so damaged the fairness of the trial that the public’s interests in system of justice requires a new trial
45 Fla. L. Weekly D231a
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