RUTKIN

v.

STATE FARM MUTUAL AUTOMOBILE INS. CO.

Citator

Cited By

• Elliott Buchman v. Seaboard Coast Line R.R. Co., 381 So. 2d 229 (Fla. 1980)
  …e reminded that in the absence of a clear showing of error a trial judge’s determination of admissibility should not be disturbed on review. Seaboard Air Line Railroad Co. v. Lake Region Packing Assn., 211 So. 2d 25 (Fla. 4th DCA 1968), cert. denied 221 So. 2d 748 (Fla.1968); Myers v. Korbly, 103 So. 2d 215 (Fla. 2d DCA 1958). There are two elements to be considered when admitting expert testimony. First, the subject must be beyond the common understanding of the average layman. Second, the witness must have…
• Ramirez v. State, 542 So. 2d 352 (Fla. 1989)
  …69, 1072 (Fla.1980), cert. denied, 454 U.S. 882, 102 S.Ct. 364, 70 L.Ed.2d 191 (1981); Endress v. State, 462 So. 2d 872, 873 (Fla. 2d DCA 1985); Seaboard Air Line R.R. Co. v. Lake Region Packing Ass’n, 211 So. 2d 25, 31 (Fla. 4th DCA), cert. denied, 221 So. 2d 748 (Fla.1968). The qualification of the witness is not, however, the primary issue in this case. Rather, the real issue is the reliability of testing methods which form the basis of the witness’s conclusion. This Court, as most other courts, will acce…
• Hawthorne v. State, 470 So. 2d 770 (Fla. 1st DCA 1985)
  …party. Buchman v. Seaboard Coast Line Railroad Co., 381 So. 2d 229 (Fla.1980); Quinn v. Millard, 358 So. 2d 1378 (Fla. 3d DCA 1978); Seaboard Air Line Railroad Co. v. Lake Region Packing Association, 211 So. 2d 25 (Fla. 4th DCA 1968), cert. denied, 221 So. 2d 748 (Fla.1968). Nevertheless, the trial judge’s order in my judgment is flawed in both its legal and factual conclusions, and our prior opinion in Hawthorne v. State, 408 So. 2d 801 (Fla. 1st DCA), rev. denied mem., 415 So. 2d 1361 (Fla.1982) (Hawthorne…