246 So. 2d 134 | Fla. Dist. Ct. App. | 1971
This is an appeal from a $57,000.00 verdict rendered in favor of the Appellee-Plaintiff. The Appellants-Defendants contend the lower court erred in permitting the jury to consider a psychologist’s opinion relating to the Plaintiff’s injuries. Under the circumstances we disagree and affirm.
The psychologist, a Dr. Hill, testified the Plaintiff developed a post-traumatic syndrome with anxiety and somatic concern as a result of the accident in question. When cross-examination revealed that the witness, who was not a treating physician, partly relied upon history obtained from the Plaintiff in giving his diagnostic opinion
An examination of the record indicates the doctor ventured his diagnostic opinion at least five times during direct examination. Two such answers were in response to hypothetical questions
If improper evidence is admitted, the error is harmless where, as here, there is ample, proper evidence to support the verdict.
We agree that each such matter could affect the believability of Dr. Mackenzie’s testimony — but such is a consideration for the trier of fact (the jury in the instant action) and not for the appellate court. We have examined the record and find sufficient competent evidence to support
Affirmed.
. For a discussion of the different treatment to be afforded the opinions of “examining” physicians than those of “treating” physicians see Marshall v. Papineau, Fla.App.1961, 132 So.2d 786.
. For- a discussion of the merits of this device for enabling a jury to apply an expert’s scientific knowledge to the facts of a case see, McCormick, Law of Evidence, Section 16 (1954).
.Section 59.041, Florida Statutes, 1969, F.S.A.; Smith v. Biscayne Park Estates, Fla.1949, 42 So.2d 442; Williamson Candy Co. v. Lewis, Fla.App.1962, 144 So.2d 522; Greenfield v. Bland, Fla.App.1958, 99 So.2d 727.