Choose a Topic

View Our Case Results
Kelley/Uustal Practice Areas

John Lee Taylor v. Seketa Culver, Case No. 1D14-4444 (1st DCA)

In Taylor, the appellant appealed the trial court’s decision to exclude the testimony of his expert biomedical engineer where the testimony was relevant to material issues of fact and to refute the testimony of the appellee’s own biomedical engineering expert. The First District noted that the decision to admit or exclude expert testimony is reviewed under an abuse of discretion standard. The boundaries of a trial court’s discretion to admit or exclude evidence are confined by the evidence code and controlling case law. “A fundamental cornerstone for analysis is that all relevant evidence is admissible, except as provided by law.” Section 90.402, Florida Statutes. While section 90.403, Florida Statutes, provides that relevant evidence may be inadmissible where its probative value is outweighed by the danger of unfair prejudice, “where relevant evidence is not unfairly prejudicial the trial court has no discretion or authority to exclude it.” The First District here found that its opinion inCouncil v. State was controlling law supporting the conclusion that the proffered testimony of the biomechanics expert was relevant to the disputed issues concerning velocity and the directionality of forced involved in the accident, and thus, the issue of causation. Accordingly, the trial court abused its discretion when it excluded the appellant’s biomedical engineering expert from testifying.

Categories:
,

Recognized as One of the Nation's Best Law Firms

Don't just take our word for it. See it for yourself.

Client Reviews & Testimonials
  • AV Peer Review Rated
  • Florida Super Lawyers
  • South Florida Top Rated Lawyers
  • Best Law Firms
  • The Best Lawyers in America
  • The National Trial Lawyers - Top 100 Trial Lawyers
  • South Florida Business Journal - 2017  Best Places to Work
  • Sun Sentinel - 2017 Top Work Places
© 2014 All Rights Reserved The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.