DEIXI ESQUERRA
v.
SARI JACOB
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In negligence actions, Florida courts apply the 'more likely than not' standard of causation and require expert testimony to establish legal causation where the issue exceeds the common knowledge of laymen.
[1] In negligence actions, Florida applies the 'more likely than not' standard of causation, requiring proof that the defendant's negligence probably caused the plaintiff's i…
[2] Expert testimony is necessary to establish legal causation in negligence actions where the issue is beyond the common knowledge of lay jurors.
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Join FLexlaw to unlock all legal intelligence“'In negligence actions Florida courts follow the more likely than not standard of causation and require proof that the negligence probably caused the plaintiff's injury.'”
International Security Management Group, Inc. v. Rolland, 271 So. 3d 33, 49 (Fla. 3d DCA 2018)
Deixi Esquerra appealed a decision from the Circuit Court for Miami-Dade County in a negligence matter against Sari Jacob.…
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Opinion filed April 24, 2024. Not final until disposition of timely filed, motion for rehearing.
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No. 3D23-297 Lower Tribunal No. 18-13586
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Deixi Esquerra, etc.,
Appellant,
vs.
Sari Jacob,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Diaz, Reus & Targ, LLP, Brant C. Hadaway, and Ibrahim M. Amir, for appellant. Rizk Law, PLLC, Beshoy Rizk, Hutchison Law, P.A., and Courtney D. Hutchison (Naples), for appellee. Before SCALES, MILLER, and GORDO, JJ. PER CURIAM. Affirmed. See Int’l Sec. Mgmt. Grp., Inc. v. Rolland, 271 So. 3d 33, 49 (Fla. 3d DCA 2018) (“‘In negligence actions Florida courts follow the more likely than not standard of causation and require proof that the negligence probably caused the plaintiff’s injury.’”) (quoting Siegel v. Cross Senior Care, Inc., 239 So. 3d 738, 741 (Fla. 3d DCA 2018)); Benitez v. Joseph Trucking, Inc., 68 So. 3d 428, 431 (Fla. 5th DCA 2011) (“Expert testimony is . . . necessary to establish legal causation where the issue is beyond the common knowledge of laymen.”) (citing Greene v. Flewelling, 366 So. 2d 777, 780 (Fla. 2d DCA 1978)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Greene v. Flewelling, 366 So. 2d 777 (Fla. 2d DCA 1978)
- Int'l Sec. Mgmt. Grp., Inc. v. Rolland, 271 So. 3d 33 (Fla. 3d DCA 2018)
- Siegel v. Cross Senior Care, Inc., 239 So. 3d 738 (Fla. 3d DCA 2018)
- Benitez v. Joseph Trucking, Inc., 68 So. 3d 428 (Fla. 5th DCA 2011)