WILLIAM KENDELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ullman v. City OF Tampa Parks Dep't & Alexsis, 625 So. 2d 868 (Fla. 1st DCA 1993)
  …medical causation, are often intertwined. We thus recognize that cases will arise in which even the question of causation is not a subject for determination solely by reference to medical testimony. See e.g., Gold Coast Paving Co., Inc. v. Fonseca, 411 So. 2d 259 (Fla. 1st DCA 1982) (where the factual foundation for medical testimony is absent, such medical testimony lacks the necessary probative value to support a finding of causation); Dade Property Management, Inc. v. Lazo, 418 So. 2d 893 (Fla. 1st DCA 19…
• Fuchs Baking Co. & Emp'r's Serv. Corp. v. Est. of Francis Szlosek, 466 So. 2d 415 (Fla. 1st DCA 1985)
  …not upon facts or inferences not supported by evidence, Victoria Hospital v. Perez, 395 So. 2d 1165 (Fla. 1st DCA 1981) or not independently proved. Lang Pools v. McIntosh, 415 So. 2d 842 (Fla. 1st DCA 1982); Gold Coast Paving Co., Inc. v. Fonseca, 411 So. 2d 259 (Fla. 1st DCA 1982). See also Arkin Construction Co. v. Simpkins, 99 So. 2d 557 (Fla.1957). Appellant contends that, as the claimant did not begin treatment with Dr. Stillman until April 14, 1983, Stillman’s opinion that claimant was TTD during the…
• Westphal v. City OF ST. Petersburg/City OF ST. Petersburg Risk Mgmt., 122 So. 3d 440 (Fla. 1st DCA 2013)
  …was no opinion at all. As we have previously held, where a factual foundation is lacking in an expert medical opinion, “medical testimony lacks the necessary probative value to support a finding of causation.” Gold Coast Paving Co., Inc. v. Fonseca, 411 So. 2d 259, 261 (Fla. 1st DCA 1982). Dr. McKalip’s testimony was, at its core, a declaration that he could not determine whether Mr. Westphal would or would not be permanently disabled when he fully healed from his surgery. Such speculation cannot support a fi…

Authorities Cited

• Warren v. State, 332 So. 2d 361 (Fla. 3d DCA 1976)