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Florida Third DCA rules that trial court erred in excluding expert testimony based on conclusions about weight of the testimony rather than limiting Daubert inquiry to an examination of its admissibility

On April 13, 2022, in Peng v. Citizens Property Insurance Corporation, No. 3DF21-1602, the Florida Third DCA reversed a summary judgment in favor of the defendant insurance company in a first-party property insurance dispute. The trial court had granted summary judgment after issuing an order that excluded the testimony of the plaintiff’s expert witness on the basis that the expert’s testimony was not based on sufficient facts or data to meet the Daubert standard. The Third DCA disagreed, noting that the excluded expert’s testimony concerning the cause of the damage to the plaintiff’s roof was based on a similar roof inspection methodology to that employed by the defendant’s expert. The Third DCA concluded that the trial court erred by weighing the testimony of the plaintiff’s expert rather than limiting itself to an examination of its admissibility.

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