concurs in part, dissents in part, and assigns reasons.
11 While I concur in the majority’s finding that the court of appeal erred in conducting a de novo review of the record, I dissent from the majority’s conclusion that the jury manifestly erred in its allocation of fault. During the two-week trial, the jury heard the argument and testimony presented by both sides. The jury apportioned the plaintiff 100% fault based upon the evidence and its assessment of the witnesses’ credibility. After careful consideration, I find that its ultimate determination is supported by the evidence and entitled to deference.