The Moras sued Waste Management for injuries arising out of a traffic accident. At trial,
the jury awarded the Moras $42,000 in damages for past and future medical bills and lost
wages but nothing for pain and suffering. The Moras asked for a new trial on the issue of
non-economic damages but the trial judge instead increased the award by $10,000 and
ruled that under section 768.043, Florida Statues, which governs adjustments to jury
awards, only Waste Management, as the party adversely affected by the increase, had the
option to accept the increase or decline in favor of a new trial. Waste Management
accepted the increase and the trial court denied the Moras' request for a new trial. The
Moras appealed, arguing that their right to a trial by jury was violated by the trial judge's
interpretation of section 768.043. The Fourth District Court of Appeal reversed the trial
judge and Waste Management appeals that ruling to this Court.