WILLIAM L. WYNN AND BETTY JO WYNN, HIS WIFE, APPELLANTS,
v.
ANNE RITA RANDALL MUFFS AND DOMINO'S PIZZA, INC., APPELLEES
Explore caselaw by topic → Browse Expert Testimony Weight cases and more on FLexlaw
PER CURIAM.
This cause is before us on appeal from an order denying appellants’ motion for new trial following final judgment entered on a jury verdict finding that appellant William L. Wynn did not suffer a permanent impairment as a result of an automo bile accident. Appellants contend that the verdict was contrary to the manifest weight of the evidence because the sole expert’s testimony on causation was uncon-tradicted.
A jury may accept, reject, or give expert testimony the weight they think it deserves. Fla. Std. Jury Instr. (Civ.) 2.2(b). Easkold v. Rhodes, 614 So. 2d 495 (Fla.1993). Where reasonable persons could differ as to whether the verdict was against the manifest weight of the evidence, the trial court properly denied the motion for new trial. Shaw v. Puleo, 159 So. 2d 641 (Fla.1964); Fitzgerald v. Molle-Teeters, 520 So. 2d 645 (Fla. 2d DCA 1988), review denied, 529 So. 2d 694 (Fla.1988).
Accordingly, we affirm.
BOOTH, SMITH and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Republic Servs. OF Fla., L.P. v. Poucher, 851 So. 2d 866 (Fla. 1st DCA 2003)…ert witness testimony. Id. at 497; Shaw v. Puleo, 159 So. 2d 641 (Fla.1964); United States Fidelity & Guar. Co. v. Perez, 622 So. 2d 486 (Fla. 3d DCA 1993); State Farm Mut. Auto. Ins. Co. v. Garcia, 621 So. 2d 475 (Fla. 4th DCA 1993); Wynn v. Muffs, 617 So. 2d 794 (Fla. 1st DCA 1993). Likewise, a jury is entitled to weigh the credibility of a medical expert and a lay witness, to reject the expert testimony and base its verdict solely on conflicting lay testimony, or to reject the plaintiffs claim entirely. We…
-
Sheffield v. Superior Ins. Co., 741 So. 2d 533 (Fla. 1st DCA 1999)…Shaw v. Puleo, 159 So. 2d 641, 643-44 (Fla.1964), overruled in part on other grounds, Griffis v. Hill, 230 So. 2d 143 (Fla.1969); Florida Dep’t of Highway Safety and Motor Vehicles v. Schnurer, 627 So. 2d 611, 612 (Fla. 1st DCA 1993); Wynn v. Muffs, 617 So. 2d 794 (Fla. 1st DCA 1993); cf. Congleton v. Sansom, 664 So. 2d 276, 283 (Fla. 1st DCA 1995), review denied, 675 So. 2d 119 (Fla.1996). The trial court did not err in denying the motion for directed verdict.3 The dissent takes us to task for “affirming on…
-
Aldona Lynn Reid and Jerry Reid v. Med. & Prof'l Mgmt. Consultants, Inc., 744 So. 2d 1116 (Fla. 1st DCA 1999)…. 1st DCA 1997)(upholding trial court’s denial of motion for new trial because plaintiffs self-contradictory subjective complaints of pain gave jury sound basis for rejecting expert medical testimony based on plaintiffs self-reports); Wynn v. Muffs, 617 So. 2d 794 (Fla. 1st DCA 1993)(upholding trial court’s denial of motion for new trial, which had been predicated on the argument that the jury’s verdict had been contrary to manifest weight of the evidence, even though jury had apparently rejected the sole exp…
Authorities Cited
- Shaw v. Puleo, 159 So. 2d 641 (Fla. 1964)
- Easkold v. Rhodes, 614 So. 2d 495 (Fla. 1993)
- Fitzgerald v. Molle-Teeters, 520 So. 2d 645 (Fla. 2d DCA 1988)