Tucker v. Korpita
2011 Fla. App. LEXIS 18102
| Fla. Dist. Ct. App. | 2011Background
- Appellant was rear-ended by appellee in December 2007 in West Palm Beach; appellee admitted negligence at trial.
- The case proceeded on causation and damages; liability for original crash not in dispute.
- Appellant introduced multiple experts; Dr. Simon performed a discectomy in 2008 with partial impairment rating reduction from 12% to 7%.
- Dr. Bistline conducted a lumbar discogram and injections; she diagnosed bulging discs and a lumbar–sacral herniation and opined a permanent injury.
- Appellee’s expert Dr. Grabel opined the injuries were preexisting and not caused by the 2007 crash; he claimed the discectomy was unnecessary.
- Appellant moved for an intervening-cause jury instruction based on Emory; the trial court denied the instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an intervening-cause instruction was required | Emory supports liability for aggravation by subsequent treatment | No instruction required if evidence questions medical necessity only | Instruction mandated; reversal and remand for new trial |
Key Cases Cited
- Emory v. Florida Freedom Newspapers, 687 So.2d 847 (Fla. 4th DCA 1997) (testimony that treatment could accelerate degeneration supports intervening-cause instruction)
- Stuart v. Hertz Corp., 351 So.2d 703 (Fla. 1977) (original tortfeasor liable for damages from negligent medical treatment)
- Nason v. Shafranski, 33 So.3d 117 (Fla. 4th DCA 2010) (defense expert testimony attacking reasonableness/necessity plus lack of jury instruction reversible error)
- Dungan v. Ford, 632 So.2d 159 (Fla. 1st DCA 1994) (same principle on intervening causation and expert testimony)
- Doucek v. Wal-Mart Stores, Inc., 804 So.2d 347 (Fla. 4th DCA 2001) (open-door doctrine does not defeat need for correct legal instruction)
- Brown Distrib. Co. of W. Palm Beach v. Marcell, 890 So.2d 1227 (Fla. 4th DCA 2005) (instruction must accurately state the law and align with the facts)
- Belle Glade Chevrolet-Cadillac Buick Pontiac Oldsmobile, Inc. v. Figgie, 54 So.3d 991 (Fla. 4th DCA 2010) (trial court broad discretion; reversible error only if misinstruction)