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  • Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence
    Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence

    On March 29, 2016, in Hashmi-Alikhan, M.D. et al v. Staples, et al ., No. 5D16-3735, the Florida Fifth DCA reversed a trial court’s ruling which had granted a new trial to a medical negligence ...

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  • Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to
    Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to "one expert per specialty rule"

    On March 22, 2018, in Gutierrez v. Vargas , No. SC15-1924, the Florida Supreme Court quashed a Florida Third DCA decision remanding a medical negligence case for a new trial. The Third DCA decision ...

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  • Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges
    Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges

    On February 16, 2018, in Newman v. Hirst , No. 5D17-2482, the Florida Fifth DCA granted the plaintiff’s petition for certiorari and quashed a trial court’s ruling finding that the plaintiff had ...

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  • Florida Fourth DCA rules that trial court properly excluded defense expert testimony in medical negligence trial but erred in denying plaintiff's motion for attorney's fees
    Florida Fourth DCA rules that trial court properly excluded defense expert testimony in medical negligence trial but erred in denying plaintiff's motion for attorney's fees

    On February 14, 2018, in Sanchez v. Cinque , No. 4D16-2530, the Florida Fourth affirmed a final judgment for a medical negligence plaintiff following a jury verdict in the plaintiff’s favor, ruling ...

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  • Florida Fourth DCA rules that accident reconstruction testimony was admissible under Daubert standard for admissibility of expert testimony in vehicular manslaughter case
    Florida Fourth DCA rules that accident reconstruction testimony was admissible under Daubert standard for admissibility of expert testimony in vehicular manslaughter case

    On December 13, 2017, in Kemp v. State of Florida , No. 4D15-3472, the Florida Fourth DCA ruled that the trial court had properly admitted the testimony of the State’s accident reconstruction expert. ...

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  • Florida First DCA rules that testimony by officer on accident reconstruction was erroneously admitted because officer's findings were based on hearsay and speculation
    Florida First DCA rules that testimony by officer on accident reconstruction was erroneously admitted because officer's findings were based on hearsay and speculation

    On September 29, 2017, in Heartland Express, Inc. of Iowa v. Farber , No. 1D15-1157/16-1356, the Florida First DCA ruled that testimony by a police officer regarding accident reconstruction was ...

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