Advertising Disclosure Email Disclosure

Trial court abused its discretion by allowing defendant nursing home to introduce opinion testimony by decedent's physician that nursing home was not negligent.

April 1, 2010
Estate of Caulie Jackson Murray, Sr. v. Delta Health Group, 35 Fla. L. Weekly D425, decided February 19, 2010

The nursing home resident's treating physician's deposition was read into evidence at trial. In the deposition the physician opined that Delta (Nursing Home) was not negligent in its care of the resident. The Second District Court of Appeal held that while an expert may render an opinion regarding an ultimate issue in a case, he or she is not permitted to render an opinion that applies a legal standard to a set of facts. While the expert could testify that the nursing home did not breach the standard of care, he could not testify that in his opinion the nursing home was not negligent.

Case Law Alert - 2nd Qtr 2010

Affiliated Attorney

Janice L. Merrill
(407) 420-4411

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."