FALLSCHASE DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, APPELLANT/CROSS-APPELLEE,

v.

JACKSON A. SHEARD AND OXFORD-AMERICA CORPORATION, A FLORIDA CORPORATION, APPELLEES/CROSS-APPELLANTS

Citator

Cited By

• Thompson v. Wal-Mart Stores, Inc., 60 So. 3d 440 (Fla. 3d DCA 2011)
  …orderly and efficient trial of the case (or other cases). Id. at 1314. We have previously condemned the practice of allowing experts to develop or change their opinion during, or shortly before, trial. In Owens-Corning Fiberglas Corp. v. McKenna, 726 So. 2d 361, 363 (Fla. 3d DCA 1999), we held that the trial court properly excluded an expert who examined the plaintiff three days before trial and failed to provide a report of his examination before trial began. Similarly, in Agrofollajes, S.A. v. E.I. Du Po…
• Gonzalez v. State, 777 So. 2d 1068 (Fla. 3d DCA 2001)
  …e, the state’s expert was permitted to testify to new matters that were key to the state’s case without any warning or notice to the opposition. The admission of this testimony is inherently 'prejudicial. See Owens-Coming Fiberglas Corp. v. McKenna, 726 So. 2d 361 (Fla. 3d DCA 1999).1 Here the state was permitted to present opinion on a totally unexplored and undisclosed topic for this witness. This was “tantamount to permitting an undisclosed adverse witness to testify.” Department of Health & Rehab. Servs.…
• Vorsteg v. Thomas, 853 So. 2d 1102 (Fla. 4th DCA 2003)
  …, 614 So. 2d 495, 498 (Fla.1993). A damages award supported by competent, substantial evidence should be affirmed. See Perma Builders, Inc. v. JBM Assocs., 472 So. 2d 1381, 1383 (Fla. 4th DCA 1985); see also Owens-Corning Fiberglas Corp. v. McKenna, 726 So. 2d 361, 363-64 (Fla. 3d DCA 1999). We also conclude that the award in this case is not so excessive as to shock the judicial conscience, given the severe injuries to appellee and the future care required. See Allstate Ins. Co. v. Shilling, 374 So. 2d 611,…