Delivering Justice in a Florida UM/UIM Case

Author: Jason E. Boone

A recent Florida case underscores the delicate balance between zealous advocacy and procedural fairness. This case involved an automobile accident on October 30, 2019. Brooke Tsao was covered under GEICO’s uninsured/underinsured motorist (UM/UIM) policy.[i] GEICO acknowledged the at-fault driver’s liability but contested the extent and permanence of Ms. Tsao’s injuries, citing preexisting conditions. Despite their defense, the jury awarded Ms. Tsao over $14 million in damages after a trial rife with contentious arguments and procedural disputes.

Deliver Justice: A Contested Narrative

In this trial, the concept of “justice” took center stage, as plaintiff’s counsel repeatedly implored the jury to “do justice” by awarding damages. These arguments blurred the line between the UM coverage dispute and punitive rhetoric against GEICO for defending its position. Courts have long held that invoking “justice” in such contexts may improperly influence jurors, directing them toward punishing a defendant rather than neutrally assessing damages.

Florida law mandates trials focus on the evidence presented and the legal framework outlined by jury instructions.[ii] Statements suggesting GEICO failed to honor its policy obligations or that “justice” required substantial damages were potentially prejudicial, steering the jury away from an objective assessment of liability and causation.

Redirecting to Jury Instructions

Jury instructions are the bedrock of fair deliberations. In this case, GEICO’s defense adeptly emphasized the necessity of jury adherence to instructions outlining the scope of compensatory damages in UM claims. Florida’s appellate courts have repeatedly stressed that verdicts must reflect evidence-based evaluations, not emotional appeals or perceived injustices unrelated to the claims at issue.[iii]

Plaintiff’s counsel’s rhetoric, including references to historical injustices and the plaintiff’s constitutional rights, arguably exceeded the scope of permissible advocacy. Such comments risk undermining the neutral application of jury instructions, as they invite jurors to consider extraneous factors. The defense’s repeated objections highlighted the critical role of redirecting jurors to the instructions to preserve the integrity of the judicial process.

GEICO succeeded by ensuring a robust trial strategy. This included challenging improper rhetoric and emphasizing adherence to jury instructions. The next step for defense counsel will be leveraging appellate remedies to address potential trial errors while continuously refining trial strategies to mitigate prejudicial narratives. By prioritizing these principles, parties can better safeguard the fairness and integrity of the judicial process.

Takeaways

• Adherence to Procedural Fairness: Trials must avoid undue prejudice by focusing solely on evidence and adhering to established procedural rules. Missteps, such as improperly framing an underinsured motorist as uninsured, may unjustly sway jurors.
• Guarding Against Emotional Appeals: Counsel’s arguments should refrain from invoking concepts like “justice” or “social issues” in ways that detract from the jury’s duty to apply the law to the facts.
• Emphasizing Jury Instructions: Reinforcing the importance of jury instructions during trial and deliberations is essential to delivering justice that is impartial and legally sound.

Sources

[i] GEICO Gen. Ins. Co. v. Tsao, No. 5D2023-0645, 2 (Fla. Dist. Ct. App. Dec. 6, 2024).

[ii] Fla. Standard Jury Intr. 601.1

[iii] State Farm Mut. Auto. Ins. Co. v. Thorne, 110 So. 3d 66, 74 (Fla. 2d DCA 2013), which discusses the impropriety of punitive rhetoric in trials, serves as a guiding precedent in the argument for focusing solely on evidence and adhering to jury instructions in this case.

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