EILEEN ANDERSEN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN ANDERSEN
v.
FLORIDA POWER & LIGHT COMPANY
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A jury is free to weigh expert opinion testimony and may accept, reject, or give such testimony whatever weight it deserves based on the witness's qualifications, reasoning, and all other evidence in the case.
[1] A jury has discretion to accept, reject, or assign weight to expert opinion testimony based on the expert's qualifications, the reasoning provided for the opinion, and al…
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Join FLexlaw to unlock all legal intelligence“A jury is free to weigh the opinion testimony of expert witnesses, and either accept, reject or give that testimony such weight as it deserves considering the witnesses' qualifications, the reasons given by the witness for the opinion expressed, and all the other evidence in the case, including lay testimony.”
Court's citation to Wald v. Grainger in affirming the judgment
Eileen Andersen, as personal representative of the estate of John Andersen, appealed a judgment in a case against Florida Power & Light Company. The t…
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Third District Court of Appeal State of Florida
Opinion filed March 19, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1741 Lower Tribunal No. 21-21159 ________________
Eileen Andersen, as Personal Representative of the Estate of John Andersen, Appellant,
vs.
Florida Power & Light Company, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.
Bauta & Associates, P.A., and Juan P. Bauta, II; The Ferraro Law Firm, P.A., and Juan P. Bauta, and Leslie B. Rothenberg, and Matthew Casbarro, for appellant.
Heise Suarez Melville, P.A., and Thomas S. Ward, and Luis E. Suarez; Squire Patton Boggs (US) LLP, and Dorian N. Daggs, for appellee.
Before SCALES, LINDSEY, and BOKOR, JJ.
PER CURIAM.
2 Affirmed. See Wald v. Grainger, 64 So. 3d 1201, 1205 (Fla. 2011) (“A jury is free to weigh the opinion testimony of expert witnesses, and either accept, reject or give that testimony such weight as it deserves considering the witnesses’ qualifications, the reasons given by the witness for the opinion expressed, and all the other evidence in the case, including lay testimony.”).