RUFUS CLARK GABLE, PETITIONER,

v.

HARRY K. SINGLETARY, JR., ETC., ET AL., RESPONDENT

Citator

Cited By

• Tenny v. Allen, 858 So. 2d 1192 (Fla. 5th DCA 2003)
  …osing expert witness, the issue of whether a plaintiff has sustained a permanent injury is generally one for the jury. Wright v. Ring Power Corp., 834 So. 2d 329 (Fla. 5th DCA), rev. denied, 846 So. 2d 1148 (Fla.2003); Tolivert v. Estate of Scherer, 715 So. 2d 358 (Fla. 5th DCA 1998). It is the function of the jury to evaluate the credibility of the witnesses and the jury is free to accept or reject the testimony of an expert witness on the issue of permanent injury to the plaintiff. Wright; Tolivert; Rice v.…
• Gonzalez v. Rose, 752 So. 2d 39 (Fla. 3d DCA 2000)
  …at the lower court adequately charged the jury in this case and that the jurors were not misled. We therefore cannot find the court’s failure to specifically define right-of-way in this case to be reversible error. See Tolivert v. Estate of Scherer, 715 So. 2d 358, 358-59 (Fla. 5th DCA 1998) (stating that “[i]f the instructions given contain a sufficient statement of the law concerning the points in controversy, then there is no reversible error in failing to give the requested instructions.”); CSX Transp., I…
• Wright v. Ring Power Corp., 834 So. 2d 329 (Fla. 5th DCA 2003)
  …o survive Wright’s motion for directed verdict on permanency. Regardless of the absence of testimony by an opposing expert witness, the issue of whether a plaintiff has sustained a permanent injury is generally one for the jury. Tolivert v. Scherer, 715 So. 2d 358 (Fla. 5th DCA 1998); Laberge v. Vancleave, 534 So. 2d 1176 (Fla. 5th DCA 1988), rev. denied 545 So. 2d 1369 (Fla.1989). The jury is free to [*332] accept or reject the testimony of an expert witness on the issue of permanent injury to a plaintiff. R…

Authorities Cited

• Carmichael v. State, 715 So. 2d 247 (Fla. 1998)