KENNETH DARWELL HODGES, PETITIONER,

v.

HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS

Citator

Cited By

• Wald v. Athena F. Grainger, 64 So. 3d 1201 (Fla. 2011)
  …nce this is done, the burden shifts to the defendant to present countervailing expert testimony, severely impeach the plaintiffs expert, or present other evidence which creates a direct conflict with the plaintiffs evidence. See Evans v. Montenegro, 728 So. 2d 270, 271 [*1205] (Fla. 3d DCA 1999) (holding that a directed verdict for the plaintiff on permanency was proper where the defendant did not impeach the plaintiffs expert and did not present conflicting evidence on permanency). If the defendant succeeds…
• James R. McELROY for the Estate of Mable E. Christensen v. Gaylord C. Perry, 753 So. 2d 121 (Fla. 2d DCA 2000)
  …p]ermanency determinations are generally made by juries,” a directed verdict on permanency is proper where the evidence of injury and causation is such that no reasonable inference could support a jury verdict for the defendant. Evans v. Montenegro, 728 So. 2d 270, 271 (Fla. 3d DCA 1999). A plaintiff establishes a prima facie case of permanency by presenting expert testimony of permanency. The burden then shifts to the defendant to defeat the directed verdict by presenting countervailing expert testimony, sev…
• Anderson A. Medina, Sr. v. Peralta, 802 So. 2d 376 (Fla. 3d DCA 2001)
  …light most favorable to the nonmoving party.” Blaustein v. Commodore Cruise Line, Ltd., 627 So. 2d 131 (Fla. 3d DCA 1993) (quoting Sears, Roebuck & Co. v. McKenzie, 502 So. 2d 940, 941 (Fla. 3d DCA 1987)). We recently stated in Evans v. Montenegro, 728 So. 2d 270, 271 (Fla. 3d DCA 1999), that a plaintiff' can establish a prima facie case of permanency through the presentation of expert testimony. “Once this is done, the burden shifts to the defendant to: (1) present countervailing expert testimony; (2) sever…

Authorities Cited

• Ervin McCRAY v. State, 699 So. 2d 1366 (Fla. 1997)