Opinion

Public Health Foundation for Cancer & Blood Pressure Research, Inc. v. Cole

  • 352 So. 2d 877
  • 1977 Fla. App. LEXIS 16732
Court
District Court of Appeal of Florida
Filed
Nov 9, 1977
Status
Published
Author
Parham
On the bench
Alderman, Downey, Parham
Cited by
7 cases
Authority
More cited than 25.5%

explaining trial court did not abuse its discretion in admitting expert testimony about “the deceptive quality of various factors that were present in the environment and the manner in which a person would react to these factors” because it created a situation beyond the ordinary experience and understanding of the jury

How later courts described this case

  • explaining trial court did not abuse its discretion in admitting expert testimony about “the deceptive quality of various factors that were present in the environment and the manner in which a person would react to these factors” because it created a situation beyond the ordinary experience and understanding of the jury

Written by the judges who cited it.

The opinion

PARHAM, Associate Judge,

dissenting:

I must respectfully dissent from the majority opinion. Specifically, I agree with all of the concurring opinion of Judge James Downey, including his conclusion that allowing Dr. Scherer’s testimony as described could not be held as harmless error. However, I depart as to following the precedent in Hill. The decision in Seaboard Coast Line Railroad Company v. Hill, 250 So.2d 311 (Fla.4th DCA 1971) is such a departure from precedent that it should not be followed. It is bad law and should be set aside.

The Defendant in this case was entitled to have the Plaintiff’s wrongdoing, her contributory or comparative negligence evaluated without the taint of the opinion of this self-styled “human engineer”.

For the above reasons I do respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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