Greetings,

Today the Florida Supreme Court declined to adopt the Fla Legislature’s change to the Florida Evidence Code to include the  “Daubert” standard. 

 

“Daubert” effectively put an end to Apportionment and also put any of our doctor’s opinions at risk if they were not prepared with studies and methodologies to support the basis for their opinions.

So now,  a doctor’s opinion is sufficient if its based on his/her own experience, education and training, because that is generally accepted as reliable.    Back where things have always been, and arguably, Apportionment is once again a valid defense (although it is our burden to prove).   

Here’s the decision (it is REALLY boring, procedural rules stuff), and below was the case that put a stop to Apportionment.

http://www.floridasupremecourt.org/decisions/2017/sc16-181.pdf 

Giamo

Thanks, Morgan