In Pla v. Rierson, 2024 WL 2164116 (Fla. 3d DCA 2024), the Plaintiff was struck by the Defendant as she crossed a road. Before trial, the Defendant moved in limine to preclude introduction of statements she made to her doctors estimating that she was driving 50 to 60 mph at the time of the accident.
The court granted the motion and precluded the parties from making “reference to the specific speed estimate of 55 mph contained in Latrice Pla’s Mariner’s Hospital Records.” During trial, Plaintiff’s expert witness testified, without objection, about the 50-60 mph speed estimate from the Defendant’s hospital records. The jury returned a verdict in favor of the Plaintiff and the Defendant appealed.
Among other reasons, the Third District Court of Appeal found no reversible error since the Defendant did not object to the expert’s improper testimony on the speed estimate.
The Point
In general, appellate courts will only review issues that were properly preserved. Even if a motion in limine is granted, consideration must be given as to whether a timely, specific objection should be made when the opposing party seeks to admit excluded evidence at trial.
Contact Forrest Andrews, ESQ at fla@lydecker.com or 305-416-3180 with any questions.
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