PERDIE L. HILL, APPELLANT,
v.
WILLIAM ALFRED SADLER AND COLONIAL ENTERPRISES, INC., A FLORIDA CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this wrongful death/personal injury appeal arising from a motor vehicle collision, appellant challenges the trial court's evidentiary rulings and jury instructions. The court affirmed the judgment for defendants, finding no reversible errors despite the trial court's allegedly improper exclusion of evidence regarding the defendant-driver's criminal convictions, traffic violations, expert testimony on tire failure, and various jury instructions.
The court affirmed the judgment for defendants, finding no reversible error. The trial court's refusal to permit questioning about criminal convictions was harmless because Sadler initially denied convictions. The procedural error regarding the deposition was harmless because appellant obtained the same testimony at trial. The exclusion of evidence regarding vehicle speed at a time and place other than immediately before the accident was within the trial judge's discretion. The refusal to give requested jury instructions was proper because the overall charge adequately covered applicable law. The exclusion of expert testimony on tire failure was within the trial court's discretion based on qualified determination of witness expertise, as was the allowance of defendants' expert testimony.
“a judgment is not reversible in the absence of prejudicial error clearly demonstrated”
Establishes the standard for appellate reversal: error alone is insufficient without clear prejudicial harm to the appellant
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant's wife was killed in a collision between her southbound automobile and a northbound truck owned by Colonial Enterprises and driven by Willia…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adverse Witness cases and more on FLexlaw
This is an appeal from a final judgment entered for the defendants-appellees on a jury verdict rendered in their favor. The action arose from a collision between an automobile driven by the wife of appellant and a truck owned by appellee, Colonial Enterprises, which was being operated at the time by appellee, William Alfred Sad-ler. Appellant’s wife died as a result of injuries sustained in the accident. With her in the car was her daughter who had her head resting on the seat, and her eyes closed. There were no other passengers in either vehicle. Sadler was, therefore, in effect-, the only eye witness. His testimony was that the automobile driven by appellant’s wife was proceeding in a southerly direction at a moderate rate of speed on her proper side of the road. Sadler was going north. He testified that his left front tire blew out immediately before the impact, causing the truck to swerve uncontrollably from its previous path on its own side into the path of the oncoming car.
Appellant states eleven points upon which he relies upon for reversal. We have ' studied the briefs of counsel, the authorities cited, and have read the transcript of proceedings consisting of 402 pages; Appellant’s first point involves the claimed refusal of the trial court to permit questioning of Sadler regarding the number of convictions for crime, or to place in evidence the alleged records of such convictions. It is proper, on cross examination, to ask a witness if he has ever been convicted of a crime, and if his answer is “yes,” he may be questioned as to the number of times. If his answer is “no,” then proper proof of prior convictions is admissible. Collins v. State, 155 Fla. 141, 19 So.2d 718; Lockwood v. State, Fla.App., 107 So.2d 770.
In the present case, when asked if he had ever been convicted of a criminal offense, Sadler answered “No.” Counsel for appellant then stated: “I would like to introduce, at this time, your Honor, record of five different * * * ” whereupom appellees’ counsel objected. After a short' discussion between counsel and the Court, the latter asked Sadler “Have you ever beem convicted of a violation of the traffic laws-in the States in which you have driven a. motor vehicle?” Attorney for appellant then volunteered “Five * * On objection, he was told by the court, “That is-as far as you can go.” Under the circumstances, this appears to be all the trial court could do at the time. Appellant’s counsel,., in seeking to introduce a document, started off by a description of its contents rather than by properly identifying it. Until this-document was admitted in evidence, no-comment as to the details of what it contained was proper, and certainly the volunteered statement of counsel, “five,” should' not have been made. We fail to find anywhere in the record that appellant’s counsel made any further proffer of' the document in question.
Appellant, by his second point,, states that the trial court erred in refusing to permit the reading of portions of the-deposition of Sadler, under the provision of Rule 1.21(d) (2), Florida Rules of Civil. Procedure, 30 F.S.A. Appellant was required by the court to place Sadler on the: *55stand as an adverse witness. This is contrary to the holding of the Third District Court of Appeal in the case of Monsalvatge & Co., of Miami v. Ryder Leasing, Inc., Fla., 151 So.2d 453. We must now determine if reversal is required. It is well settled that a judgment is not reversible in the absence of prejudicial error clearly demonstrated. 2 Fla.Jur. Appeals § 358 page 743. Green v. Loudermilk, Fla.App., 146 So.2d 601. Appellant placed Sadler on the stand as an adverse witness, asked the same questions and received the same answers as appear in his deposition. We conclude that the procedural error was harmless.
Appellant in his third point states that error was committed in that a witness was not permitted to testify as to the speed of the truck driven by Sadler. This witness was on foot about a quarter of a mile from the scene of the collision when the truck passed him. His vision did not follow the truck all of the way until the accident occurred. Whether evidence should be admitted tending to show the rate of speed of a vehicle at a time and place other than that at the instant of, or immediately prior to, the accident depends upon the facts in the particular case, and rests largely in the ■discretion of the trial Judge. The trial Judge, by his ruling, was not guilty of such an abuse of discretion as to require rever•sal.
Appellant’s points four, five, and ■six charge error in the failure to give three requested instructions. We have studied the entire charge of the court and believe •that it adequately covered the applicable law. The fact that a requested charge correctly states the law does not make its refusal a commission of reversible error. Fla. East Coast Ry. Co. v. Lawler, Fla.App., 151 So.2d 852; Williams v. Scott, Fla.App., 153 So.2d 18.
As to appellant’s point seven, we ■cannot agree that appellees’ requested instruction number 10, which was given, constituted a comment on the evidence. It might be considered as being somewhat argumentative, and not framed in the most approved form, but it was not a comment on the evidence in the true sense.
Appellant’s points eight and nine assign error because of the trial court’s refusal to receive the testimony of two witnesses as to whether the tire on the truck blew out, or was damaged by the collision. With the ever increasing trend to offer the testimony of expert witnesses as proof of facts in the trial of cases, the trial courts are constantly faced with questions of qualification, and admissability. No clear cut rule covering every situation has been developed. The basic guide, however, appears in 13 Fla.Jur. Evidence, § 311 at page 310 wherein it is stated:
“When a witness is offered as an expert or skilled witness, it is for the trial court to determine whether or not he has been shown to possess the requisite qualifications and special knowledge to authorize his testimony. This is a question of fact to be determined from testimony bearing on that question and the decision of the trial court with respect thereto is conclusive unless it appears to have been in error. Its decision is entitled to great weight in the appellate court because of the superior advantages possessed by the trial judge, who hears the testimony and observes the witnesses, and his decision will not be pronounced erroneous unless clearly so.”
In Home Insurance Co. v. Wiggins, Fla. App., 147 So.2d 157, the court held that the trial court has the initial responsibility of determining qualifications and range of subjects upon which expert witnesses may be allowed to testify (emphasis supplied). See also Myers v. Korbly, Fla.App., 103 So. 2d 215.
Finally, points ten and eleven seek reversal, stating that the trial court erred in allowing two witnesses called by the defendants to give opinion evidence. The authorities quoted under points eight and nine *56have equal application here. Of most importance, however, is the fact that a careful reading of their testimony reveals they were not permitted to answer questions calling for opinions, at any time that'proper objection was made by appellant’s counsel.
We find no reversible error in the record, and the judgment of the court below is therefore affirmed.
SHANNON, Acting C. J., and ANDREWS, CHARLES O., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Myers v. Korbly, 103 So. 2d 215 (Fla. 2d DCA 1958)
- Lockwood v. State, 107 So. 2d 770 (Fla. 2d DCA 1958)
- Williams v. Scott, 153 So. 2d 18 (Fla. 2d DCA 1963)
- Fla. E. Coast Ry. Co. v. Lawler, 151 So. 2d 852 (Fla. 3d DCA 1963)
- Collins v. State, 155 Fla. 141 (Fla. 1944)
- Woods v. Woods, 151 So. 2d 453 (Fla. 2d DCA 1963)
- Monsalvatge & Co. OF Miami, Inc. v. Ryder Leasing, Inc., 151 So. 2d 453 (Fla. 3d DCA 1963)
- Green v. Loudermilk, 146 So. 2d 601 (Fla. 2d DCA 1962)
- The Home Ins. Co. v. Wiggins, 147 So. 2d 157 (Fla. 1st DCA 1962)