JABARI KEMP v. STATE OF FLORIDA, 15-3472

Defendant Jabari Kemp drove a Mercedes off I-95, ran a red light on the exit ramp, and collided with an eastbound Lexus; five occupants of the Lexus died.
Key factual dispute: whether Kemp blacked out (loss of consciousness) before impact or was conscious/controlling the vehicle.
State’s experts (including Corporal Dooley) reconstructed the crash and testified Kemp’s car was traveling ~128.7 mph at impact.
Corporal Dooley inspected crush damage to the Lexus and opined the damage arc indicated the Mercedes’ front end was "dipping," which he said was consistent with braking/driver input at impact.
Defense objected under Daubert and Florida evidence law; the trial court admitted Dooley’s braking opinion after extensive voir dire and found it sufficiently reliable.
Jury convicted Kemp on five counts of vehicular manslaughter; court imposed five consecutive 6-year terms (30 years). Kemp appealed seeking reversal based on expert admissibility and late expert disclosure; the majority affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Kemp)	Held
Admissibility of Dooley’s "braking" opinion under Daubert/§ 90.702	Dooley’s training, experience, scene measurements, photographs, and reconstruction methods provide a reliable basis to infer dipping/braking from the damage profile	Opinion is ipse dixit: based on subjective visual impression, not tested or peer-reviewed methodology; insufficient to show reliability or application to facts	Court affirmed admission — trial judge acted as gatekeeper, found training/experience and observable damage gave sufficient foundation; opinion admissible and weight for jury to decide
Prejudice from late disclosure of an expert opinion (procedural/discovery issue)	State proceeded with expert testimony admitted at trial; disclosure issues did not warrant reversal	Late disclosure prejudiced defense’s ability to prepare/cross-examine expert	Court rejected defendant’s claim and affirmed conviction (no reversible procedural prejudice shown)

Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (admissibility gatekeeping; reliability factors for expert testimony)
Kumho Tire Co. v. Carmichael, 526 U.S. 137 (Daubert gatekeeping applies to all expert testimony)
Gen. Elec. Co. v. Joiner, 522 U.S. 136 (trial court may exclude expert opinion if there is an analytical gap)
Crane Co. v. DeLisle, 206 So. 3d 94 (Fla. 4th DCA 2016) (applying Daubert framework in Florida)
Booker v. Sumter Cnty. Sheriff’s Office/N. Am. Risk Servs., 166 So. 3d 189 (Fla. 1st DCA 2015) (standard of review for expert admissibility)
Clare v. Lynch, 220 So. 3d 1258 (Fla. 2d DCA 2017) (statutory amendment application discussion)
State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) (harmless error reversible standard)