# Sunshine Plumbing v. Benecke

> District Court of Appeal of Florida · March 14, 1990 · 558 So. 2d 162

URL: https://www.frixlaw.com/law-library/cases/7580990

## Case

- **Full name:** SUNSHINE PLUMBING and Liberty Mutual Insurance v. John BENECKE, Jr.
- **Court:** District Court of Appeal of Florida
- **Decided:** March 14, 1990
- **Citations:** 558 So. 2d 162; 1990 Fla. App. LEXIS 1742; 1990 WL 26697
- **Precedential status:** Published
- **Opinion:** Dissent by Wentworth
- **Judges:** Joanos, Thompson, Wentworth
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7580990

## Opinion text

WENTWORTH, Judge,
dissenting.
I would affirm because the express determination by the judge that the second accident was caused by residuals from the compensable injury appears to me to be adequately supported by the record evidence. Decisions with respect to need for expert medical testimony on causes for certain disabilities simply have no relevance to the cause of an accident, as to which the ordinary proof would be lay testimony with the usual credibility call in its evaluation. The record recitations here substantiate claimant’s prior compensable residual back and leg incapacity to which he attributed his fall from a leg collapse, and no conflicting evidence of another cause was adduced.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7580990. Public record. Not legal advice.