VIBO CORPORATION, APPELLANT,

v.

MAERSK LOGISTICS USA, INC. AND RAY LUENGO, APPELLEES

Citator

Cited By

• Special v. W. Boca Med. Ctr., 160 So. 3d 1251 (Fla. 2014)
  …sterholtz to testify that she consulted with colleagues and that this error was not harmless because the competing expert opinions on the proper standard of care were the focal point of this medical malpractice trial.”); see also Donshik v. Sherman, 861 So. 2d 53, 56 (Fla. 3d DCA 2003) (“Where, as here, the competing expert opinions, on both sides, were the focal point of the trial, we cannot deem the error in the introduction of the ACAS report to be harmless.”). Accordingly, because the trial court’s erro…
• Linn v. Basil D. Fossum, M.D., 946 So. 2d 1032 (Fla. 2006)
  …er-Osterholtz to testify that she consulted with colleagues and that this error was not harmless because the competing expert opinions on the proper standard of care were the focal point of this medical malpractice trial. Compare Donshik v. Sherman, 861 So. 2d 53, 56 (Fla. 3d DCA 2003) (‘Where, as here, the competing expert opinions, on both sides, were the focal point of the trial, we cannot deem the error in the introduction of the ACAS report to be harmless.”), with Schwarz, 695 So. 2d at 455-56 (holding…
• Philip Morris USA, Inc. v. Pollari, 228 So. 3d 115 (Fla. 4th DCA 2017)
  …nation whether he agreed, with various .excerpts from, the Report. The expert’s reference to the Report “served only .to impermissibly bolster [his] credibility .., and diminish the, credibility of the defense expert’s opinions,” Donshik v. Sherman, 861 So. 2d 53, 56 (Fla. 3d DCA 2003). The facts of Donshik are analogous. There; the Third District remanded the case for a new trial because the plaintiff used a study published in a medical journal to bolster their experts’ opinions, even though one of those e…

Authorities Cited

• Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
• Hotels OF KEY Largo, Inc. v. RHI Hotels, Inc., 694 So. 2d 74 (Fla. 3d DCA 1997)