Trial & Evidence

Posted March 9, 2012
Jury Instruction, Automobile Accident—        
Pedro v. Baber,
37 FLW D550a (Fla. 2nd DCA, Mar. 7, 2012)
Second DCA Affirms Stuart v. Hertz Instruction That Original Defendant Is Liable For Medical Negligence Committed During The Course Of Treatment For Accident-Related Injuries Where Plaintiff' s Counsel Elicited Testimony From Defense Physician During Cross Examination That Nucci Spinal Surgery Was Unnecessary

Posted February 22, 2012
Trial, Evidence—        
Gyongyosi, Gyongyosi, Carter, Federal Insurance Company, Lexington Insurance Company, La Coquille Villas, Inc., and Coregis Insurance Company v. Miller and Miller,
37 Fla. L. Weekly D405a (4th DCA February 15, 2012)
Fourth DCA Opines On "Common Sense" Definition Of Demolition, Removing Tile As Not Being An Ultra Hazardous Activity (Case Specific), And Duty Of Homeowner To Warn An Independent Contractor Of Hidden Gas Pipes

Posted February 16, 2012
Evidence, Trial, Wrongful Death, Accident Report Privilege—        
Sottilaro v. Figueroa,
37 FLW D330a (Fla. 2nd DCA Feb. 8, 2012)
Second DCA Rules That Accident Report Privilege Does Not Apply To Witnesses Who Are Not Compelled To Make Report - Reverses Wrongful Death Judgment Where Court Improperly Excluded Testimony Of Witness That Decedent Was Texting While Crossing Highway

Posted February 14, 2012
Trial, Fraud On Court, Evidence—        
Chacha v. Transport USA, Inc.,
37 FLW D342b (Fla. 4th DCA, Feb. 8, 2012)
Fourth DCA Reverses Order Granting Dismissal For Fraud On Court And Remands For Express Written Findings Demonstrating That Trial Court Has Carefully Balanced Equities And That Moving Party Has Established Deliberate Scheme To Subvert Judicial Process By Clear And Convincing Evidence

Posted July 27, 2011
Trial, Post-Trial, Motions For New Trial—        
Kuebler v. Ferris,
36 Fla. L. Weekly D1548a (Fla. 4th DCA, July 20, 2011)
Fourth DCA Creates Conflict And Holds That Trial Court Did Not Abuse Its Discretion By Granting Plaintiff's Motion For New Trial On The Ground That The Jury's Verdict Was Against Manifest Weight Of The Evidence, Even Though There Was Competent Evidence To Support The Verdict

Posted February 3, 2011
Trial, Sanctions, Expert Witnesses—        
State Farm Mut. Auto. Ins. Co. v. Swindoll,
36 FLW D232a (Fla. 3rd DCA Feb. 2, 2011)
Third DCA Reverses Sanctions Against UM Carrier For Mistrial Caused By Carrier's Medical Expert – Finds No Evidence Of Bad Faith On The Part Of The Carrier Caused The Expert's Behavior – Remanded And Plaintiff Permitted To Seek Sanctions Against The Expert Directly

Posted January 6, 2011
Trial, Evidence, Damages—        
Nationwide Mut. Fire Ins. Co. v. Harrell,
35 FLW D2873a (Fla. 1st DCA Dec. 21, 2010)
First DCA Concludes That Collateral Source Rule Permits Plaintiffs To Request Full Amount Of Past Medical Bills, Despite Health Insurance Contractual Write-Offs

Posted December 20, 2010
Trial, Appellate Issues, Preservation Of Error, Mistrial—        
Companioni v. City of Tampa,
35 FLW S738 (Fla., Dec. 16, 2010)
Florida Supreme Court Holds That In Order To Preserve A Sustained Objection For Trial Court's Consideration Of A Motion For New Trial, Based On Attorney Misconduct, Complaining Party Must Timely Move For Mistrial

Posted November 23, 2010
Trial, Evidence, Damages—        
Corbett v. Wilson,
35 FLW D2564d (Fla. 5th DCA, Nov. 19, 2010)
Fifth DCA Reinstates Nominal Verdict Finding That Prior Inconsistent Deposition Testimony Of Expert Constituted Substantive Evidence To Support Jury's Verdict

Posted July 26, 2010
Trial, Evidence—        
Mitsubishi Motors Corporation v. Laliberte,
35 Fla. L. Weekly D 1327a (4th DCA June 16, 2010)
Trial Court Committed Error In Applying The Substantial Similarity Test To Demonstrative Evidence Not Intended To Recreate An Accident, Rather Support Defenses In A Products Liability Case

Posted July 15, 2010
Trial & Evidence—        
Bradley v. Cooper,
35 FLW D1564a (Fla. 3rd DCA July 14, 2010)
Third DCA Reluctantly Reverses Summary Judgment Ruling That Despite Strong Indications That Deposition Testimony Was False, Trial Judge Was Mandated By Florida Rules To Leave Credibility Determinations To The Jury

Posted June 24, 2010
Trial & Evidence—        
Flores v. Riscomp Industries, Inc.,
--- So.3d ----, 2010 WL 207701
Third DCA Rules That The Changing Of Legal Theories To Reach The Ultimate Conclusion About The Relation Back Of The Complaint Did Not Alter The General Fact Situation Out of Which The Claim Arose

Posted June 21, 2010
Trial & Evidence—        
Ingenix v. Ham,
35 FLW D1018 (Fla. 5th DCA, May 7, 2010)
Second District Rules That Health Insurer's Recovery Is Limited By Statutory Formula In §768.74, Even If Contract Provides A Full Right Of Reimbursement