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Costanzo v. Agency Rent-A-Car, Inc.

District Court of Appeal of Florida, Fourth District
May 30, 1990
560 So. 2d 265 (Fla. Dist. Ct. App. 1990)

Summary

finding error in permitting the credibility of expert witness to be bolstered through use of a medical treatise

Summary of this case from Donshik v. Sherman

Opinion

No. 88-0900.

April 11, 1990. Rehearing Denied May 30, 1990.

Appeal from the Circuit Court, Broward County, Frank A. Orlando, J.

Philip M. Burlington of Edna L. Caruso, P.A., and James D. Wilkerson of Schuler Wilkerson, P.A., West Palm Beach, for appellant.

Marjorie Gadarian Graham, of Marjorie Gadarian Graham, P.A., and Alan C. Espy of Sellars, Supran, Cole, Marion Espy, P.A., West Palm Beach, for appellees.


Reversed and remanded for a new trial. We agree with appellant that the trial court erred in allowing appellees to bolster the credibility of its expert witness by the use of a medical treatise, and in admitting improper impeachment evidence against one of appellant's medical experts. See Chorzelewski v. Drucker, 546 So.2d 1118 (Fla. 4th DCA 1989); 3-M Corp. — McGhan Med. Reports v. Brown, 475 So.2d 994 (Fla. 1st DCA 1985).

DOWNEY and ANSTEAD, JJ., concur.

LETTS, J., dissents without opinion.


Summaries of

Costanzo v. Agency Rent-A-Car, Inc.

District Court of Appeal of Florida, Fourth District
May 30, 1990
560 So. 2d 265 (Fla. Dist. Ct. App. 1990)

finding error in permitting the credibility of expert witness to be bolstered through use of a medical treatise

Summary of this case from Donshik v. Sherman
Case details for

Costanzo v. Agency Rent-A-Car, Inc.

Case Details

Full title:ROSEMARIE POLISENO COSTANZO, APPELLANT, v. AGENCY RENT-A-CAR, INC., AND…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 30, 1990

Citations

560 So. 2d 265 (Fla. Dist. Ct. App. 1990)

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Donshik v. Sherman

Florida courts have uniformly held that published treatises, books or writings such as the ACAS report,…