STIMPSON v FORD MOTOR COMPANY
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR SUMTER COUNTY, FLORIDA
CASE NO. 2004-CA-000013
PEGGY T. STIMPSON and RALPH M. STIMPSON,
FORD MOTOR COMPANY, et al,
ORDER ON PLAINTIFFS’ MOTION FOR RELIEF FROM JUDGMENT, PARTIAL FINAL JUDGMENT IN FAVOR OF PLAINTIFFS ON LIABILITY, AND ORDER CONDITIONALLY GRANTING NEW TRIAL THIS MATTER having come before the Court upon Plaintiffs’ Motion for Relief from Judgment and Motion for New Trial. Having reviewed the motion, the submissions of the parties and the file, having heard testimony and exhibits introduced in evidence, and based upon the accompanying Findings of Fact and Conclusions of Law, it is hereby: ORDERED AND ADJUDGED as follows:
1. The Court grants Plaintiffs’ Motion for Relief from Judgment.
2. Ford’s answer, including its affirmative defenses, is hereby stricken and judgment on liability is entered in favor of Plaintiffs.
3. A second trial will take place to assess the amount of compensatory damages; whether punitive damages are appropriate; and if so, the amount of such punitive damages.
4. The Court will also entertain a motion for the assessment of costs in favor of Plaintiffs at the appropriate time.
5. The Court conditionally grants Plaintiffs’ Motion for New Trial. This order becomes effective only if the order granting relief from judgment is reversed on appeal. Frazier v. Seaboard System Railroad, Inc., 508 So. 2d 345, 346 (1987).
DONE, ORDERED AND ADJUDGED on this the, 20 day of July, 2011