TIMOTHY J. KORTH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Jovita C. Ibeagwa v. State, 141 So. 3d 246 (Fla. 1st DCA 2014)
  …recklessness” as to equal the intentional violation of the rights of others. See Fla. Std. Jury Instr. (Crim.) 7.7. Culpable negligence must be determined upon the facts and the totality of the circumstances in each particular case. Behn v. State, 621 So. 2d 534, 537 (Fla. 1st DCA 1993). If the evidence is sufficient to establish a jury question regarding whether a defendant is culpably negligent, then affirmance is required. See Ramos, 89 So. 3d at 1121. Here, the facts taken in the light most favorable t…
• Matter v. White, 695 So. 2d 942 (Fla. 4th DCA 1997)
  …is accident. If that is true, it would follow that his lack of medical expertise would also render him unqualified to testify that plaintiff had no permanent injury as a result of this accident. We find support for that conclusion in Behn v. State, 621 So. 2d 534 (Fla. 1st DCA 1993), in which the first district reversed a manslaughter conviction for a new trial. The State was prosecuting the defendant for knowingly driving with defective brakes, and the trial court had permitted an accident reconstructionist…
• Jannette Ramos v. State, 89 So. 3d 1119 (Fla. 1st DCA 2012)
  …Preston v. State, 56 So. 2d 543, 544 (Fla.1952); Fla. Std. Jury Instr. (Crim.) 7.7. We evaluate the totality of the circumstances, as reflected in the record, in determining whether the facts presented constitute culpable negligence. Behn v. State, 621 So. 2d 534, 537 (Fla. 1st DCA 1993). If the evidence is sufficient to establish a jury question regarding whether Ramos was culpably negligent, we must affirm. State v. Nowlin, 50 So. 3d 79, 81 (Fla. 1st DCA 2010) (existence of a jury question precludes dismis…