On October 28, 2009, the Third District released an opinion reversing a $24,170,000.00 against Honeywell. The original opinion was discussed HERE. Today, the original opinion was withdrawn and a new opinion in Honeywell International, Inc. v. Guilder (3D08-1747). The new opinion reaches the same result, the judgment was reversed.
On appeal, among others errors, Honeywell asserts the trial court erred in: (1) admitting the irrelevant, highly prejudicial letter; (2) excluding Fabre defendants from the verdict form; and (3) awarding Guilder’s children loss of parental consortium. Honeywell further asserts that it is entitled to a setoff reflecting the appropriate percentage of economic damages received from Guilder’s settlement with co-defendants.
On the other hand, Guilder contends that: (1) the letter was relevant, and not unduly prejudicial, or inflammatory; (2) the Fabre defendants were properly excluded from the verdict form; and (3) the loss of parental consortium award was proper. Guilder further contends that Honeywell is not entitled to setoff from any portion of the verdict. We agree with Honeywell.
No comments:
Post a Comment