WILLIAM CARPENTER AND JEAN CARPENTER, APPELLANTS,

v.

MANUEL ALONSO, M.D., AND RADIOLOGY ASSOCIATES OF SOUTH MIAMI, P.A., APPELLEES

Citator

Cited By

• Gold, Vann & White, P.A. v. DeBERRY, 639 So. 2d 47 (Fla. 4th DCA 1994)
  …aving to obtain witnesses to counter these new theories. Ultimately, the trial court granted the plaintiffs’ motion to strike the expert witnesses’ testimony. We affirm this ruling in accordance with our sister court’s ruling in Carpenter v. Alonso, 587 So. 2d 572 (Fla. 3d DCA 1991). In Carpenter, the third district held that a trial court could properly limit expert witnesses in medical malpractice cases to one expert per side. See also Moler v. Geraldi, 502 So. 2d 973 (Fla. 3d DCA 1987). As postulated in St…
• Fittipaldi USA, Inc. v. Helio Castroneves, 905 So. 2d 182 (Fla. 3d DCA 2005)
  …[*186] is misplaced. Castroneves contends that Miller’s testimony was akin to that of a “treating physician,” which has been held to be non-expert testimony. Ryder Truck Rental, Inc. v. Perez, 715 So. 2d 289 (Fla. 3d DCA 1998); Carpenter v. Alonso, 587 So. 2d 572 (Fla. 3d DCA 1991)(treating physician is not subject to trial court’s limitation of one expert witness per side in medical malpractice suit); Frantz v. Gole-biewski, supra. In those cases, we have held that “treating physicians” are not subject to d…
• Ryder Truck Rental, Inc. v. Perez, 715 So. 2d 289 (Fla. 3d DCA 1998)
  …). Drs. Gordon and Herskowitz, as Perez’ treating physicians, should not have been classified as expert witnesses, hut as ordinary fact witnesses not impeded by the “one expert per specialty” rule imposed by the trial court. See Carpenter v. Alonso, 587 So. 2d 572 (Fla. 3d DCA 1991) (treating physician not subject to trial court’s limitation of one expert witness per side in medical malpractice suit). Reversed and remanded for a new trial.1 COPE and GODERICH, JJ., concur. . Our disposition of the main appe…

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Authorities Cited

• Crawford v. Latha Shivashankar & Allstate Ins. Co., 474 So. 2d 873 (Fla. 1st DCA 1985)
• Smith v. Coastal Emergency Servs., Inc., 538 So. 2d 946 (Fla. 4th DCA 1989)