Thursday, January 7, 2010

Order Setting Aside Jury Verdict Reversed - Lost Profits Sufficiently Established

In Premier ATMS, Inc. v. Daisy Fresh, Inc. (4D08-4581), the Fourth District reversed a trial court's order setting aside a jury verdict.  The court stated:
The trial court concluded that Premier failed to prove its lost profits with sufficient certainty. We disagree, however, and conclude that Premier established with reasonable certainty each element of its loss and presented damage proof based on established data, rather than on speculation or conjecture. See Massey Ferguson, Inc. v. Santa Rosa Tractor Co., 415 So. 2d 865 (Fla. 1st DCA 1982) (noting that if profits can be established with reasonable certainty, they will be allowed); Jerrico, Inc. v. Washington Nat’l Ins. Co., 400 So. 2d 1316, 1318 (Fla. 5th DCA 1981) (finding that damages need not be calculated with absolute exactness so long as they are based on a reasonable method of computation).


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