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Per Curiam Affirmance on Expert Testimony and Inadmissible Evidence

Angela C. Flowers and Brian E. Chojnowski | June 1, 2017

Angela C. Flowers, of the Ocala office, handled an appeal in front of the First District Court of Appeal regarding a case Stuart C. Poage and Brian Chojnowski, of the Tallahassee office, tried in October 2015. The main two issues on appeal were the admissibility of the defenses’ biomechanical expert’s opinions and whether the trial court erred in keeping out evidence of who retained and paid the compulsory medical examination doctor, who was called by Plaintiff at trial based on favorable opinions for the Plaintiff.

Plaintiff’s counsel tried to introduce facts outside of the record and unpreserved arguments. However, Angela’s brief strategically and clearly set forth the arguments on appeal and as a result, the First District Court of Appeal, denied Plaintiff’s arguments and issued a per curiam opinion.

The Court also granted Angela’s Motion for Attorney’s Fees which will be added to the $76,536.80, attorney’s fee judgment obtained against the Plaintiff through the defenses’ Proposal for Settlement.

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