Florida Daubert Law
 

Mastec North America, Inc. and Robert W. Dumas v. Kathleen Morakis, as Limited Guardian of the Person and Property of MANUEL PEREZ GARCIA, Incapacitated

A young man traveling on a bicycle (“the plaintiff”) was struck from behind by a van and suffered significant injuries. His guardian brought a negligence suit against the driver of the van and the driver’s employer (“the defendants”). Based on a Florida statute barring relief to a plaintiff whose alcohol impairment causes him to be more than 50% at fault for his injuries, the defense introduced ev... More...    $0 (10-04-2019 - FL)

United States of America v. Bechir Delva and Dan Kenny Delva





Defendants Bechir Delva and Dan “Kenny” Delva are brothers who were convicted of seven crimes arising out of their identity theft and tax fraud operations. After a joint jury trial, the Delvas appeal their convictions and sentences for conspiracy to possess 15 or more u... More...
   $0 (04-29-2019 - FL)

Pablo Guevara v. NCL (Bahamas) Ltd. d/b/a Norwegian Cruise Line




Pablo Guevara slipped and fell as he stepped down from a landing located on the outer deck of a cruise ship operated by NCL (Bahamas) Ltd. Guevara claimed that he did not perceive the step down because NCL failed to adequately warn him of the change in elevation. Moreover, a... More...
   $0 (04-01-2019 - FL)

Derek Vernon Medina vs. The State of Florida




Appellant Derek Vernon Medina appeals his convictions and sentences for
second-degree murder of his wife, Jennifer Alfonso; shooting or throwing a deadly
missile; and child neglect. Appellant contends that the trial court erred in: (1)
excluding defense expert testimony regard... More...
   $0 (11-30-2018 - FL)

A.L. v. Walt Disney Parks and Resorts, US, Inc.

Middle District of Florida Federal Courthouse - Orlando, Florida

This is a consolidated appeal of 30 separate lawsuits. Most plaintiffs-appellants are individuals with severe autism. Defendant-appellee is Walt Disney Parks and Resorts US, Inc. (“Disney”), a division of The Walt Disney Company.
In separate lawsuits, plaintiffs filed claims alleging that Disney, at six of its theme parks, fails to accommodate their disabilities, in violation of Title III of t... More...
   $0 (08-21-2018 - FL)

Rhonda Williams v. Mosaic Fertilizer, LLC

Middle District of Florida Federal Courthouse - Tampa, Florida

In this toxic tort suit, Rhonda Williams appeals the District Court’s grant of summary judgment against her and in favor of Mosaic Fertilizer, LLC (“Mosaic”).
* Honorable Ursula Ungaro, United States District Judge for the Southern District of Florida, sitting by designation.
Case: 17-10894 Date Filed: 05/14/2018 Page: 1 of 22
2
Ms. Williams alleged that toxic substances emitted fr... More...
   $0 (05-14-2018 - FL)

United States of America v. Stephanie Lois Watkins, a/k/a Stephanie Harrell

Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Stephanie Watkins, a native and citizen of Jamaica—and until her deportation in 2003, a lawful permanent resident of the United States—appeals her conviction for reentering the country illegally following deportation. On appeal, Watkins argues that her indictment should have been dismissed because her deportation order was invalid due to a change in what crimes are considered “crimes involving mor... More...    $0 (01-05-2018 - FL)

Heartland Express, Inc. of Iowa v. Mark Farber

Duval County Courthouse - Jacksonville, Florida

Appellant, Heartland Express, Inc. of Iowa, appeals a final judgment entered in favor of Appellee, Mark Farber, as Limited Guardian of the Property of Juan Torres, and the trial court’s order granting a new trial. Appellant contends that the trial court erred in granting summary judgment on the issues of negligence and contributory negligence, in denying its motion for a directed verdict on the is... More...    $0 (10-01-2017 - FL)

ROGER DENNIS CHURCHILL, JR. vs. STATE OF FLORIDA

Following his arrest in Citrus County in July 2013, Churchill was charged
with one count of conspiracy to manufacture methamphetamine, one count of
manufacture of methamphetamine, and one count of possession of a listed
chemical. Prior to trial, Churchill filed a motion in limine seeking to exclude
witness testimony about the identity of the substances found at the scene of hi... More...
   $0 (04-14-2017 - FL)

CRANE CO., R.J. REYNOLDS TOBACCO CO. v. RICHARD DELISLE and ALINE DELISLE

Crane Co. and R.J. Reynolds Tobacco Co. appeal from an adverse jury verdict in favor of Richard DeLisle in which the jury found that both appellants’ products containing asbestos were substantial contributing causes to appellee DeLisle’s mesothelioma and awarded substantial damages. Crane primarily argues that the court erred in not excluding expert causation testimony, in denying its motion for ... More...    $0 (09-20-2016 - FL)

State of Florida v. Dr. Augustine Bollo

Fort Lauderdale, FL - Jury Convicts Podiatrist On Lewd or Lascivious Molestation Charges

The State of Florida charged Dr. Augustine Bollo with two counts of lewd or lascivious molestation claiming that he forced a teenage babysitter touch him inappropriately in his home in 2012.

Defendant testified in his own defense.

The babysitter, now age 19, testified that the Defen... More...
   $0 (06-18-2016 - FL)

Joseph Adinolfe v. United Technologies Corporation d/b/a Pratt & Whitney

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complaints st... More...    $0 (10-06-2014 - FL)

Lydia Rosenfeld v. Oceania Cruises, Inc.

While a passenger aboard the M/V Nautica, Lydia Rosenfeld slipped and fell on a ceramic tile floor near the buffet bar of the vessel’s Terrace Café. She suffered a shoulder fracture and incurred medical expenses as a result of her fall.

Rosenfeld brought this diversity action against the operator of the M/V Nautica, Oceania Cruises, Inc. (“Oceania”), to recover damages for her injuri... More...
   $0 (09-07-2011 - FL)

Floride Norelus a.k.a. Lavictore Remy v. Denny's Inc.

No one’s memory is perfect. People forget things or get confused, and anyone can make an innocent misstatement or two. Or maybe even three or four. But not 868 of them. In this case, the plaintiff’s attorneys, William and Karen Amlong, filed a sixty-three page errata sheet containing 868 attempted changes to their client’s deposition testimony, which was the sole source of evidentiary suppor... More...    $0 (12-28-2010 - FL)

Douglas C. Kilpatrick v. Breg, Inc.

This is a negligence and products liability action involving the use of a pain pump manufactured by Breg, Inc. for use during and after surgery. The Plaintiff, Douglas Kilpatrick, claiming to have been injured by one of Breg’s pumps, proffered a single expert witness on the issue of causation – Dr. Gary Poehling, M.D. The district court determined that the methodology used by Dr. Poehling to r... More...    $0 (08-24-2010 - FL)

KUMHO TIRE CO., LTD., et al. v. CARMICHAEL et al.

When a tire on the vehicle driven by Patrick Carmichael blew out and the vehicle overturned, one passenger died and the others were injured. The survivors and the decedent's representative, respondents here, brought this diversity suit against the tire's maker and its distributor (collectively Kumho Tire), claiming that the tire that failed was defective. They rested their case in significant p... More...    $0 (03-29-1999 - FL)

Charles McCorvey, et ux. v. Baxter Healthcare Corporation

Charles McCorvey appeals the grant of summary judgment to defendants C.R. Bard, Inc. ("Bard") and Baxter Healthcare Corp. ("Baxter"), respectively the manufacturer and distributor of a catheter that erupted inside of him, on his strict product liability action. Additionally, McCorvey challenges the district court's exclusion of an affidavit he offered by an engineering expert, on the ground that i... More...    $0 (07-24-2002 - FL)

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