🚗 Doctor STRUCK as Witness — Auto Accident Victim's Key Expert ERASED from Trial! Florida Appeal

Описание: Martinez v. Martin | Case No. 18-1565

Florida appellate oral argument — a personal injury appeal arising from two automobile accidents. Appellant (plaintiff below) was involved in a first auto accident on October 9, 2013, and a second accident approximately 10 months later. The central issue is whether the trial court abused its discretion by striking Dr. Douglas Price as a treating physician/expert witness and blocking authentication of his medical records.

ISSUES ON APPEAL:
(1) Expert witness exclusion: did the trial court err in striking Dr. Douglas Price as a witness when defendants made only one attempt to locate him (at his prior address), while Dr. Price had been arrested by the FBI for patient brokering and had surrendered his medical license/entered a diversion program?
(2) Medical records authentication: was it error to exclude Dr. Price's medical records when they were relevant to causation in the auto accident case?
(3) Reliance by other experts: did the defense expert's reliance on (or reference to) Dr. Price's records, after Dr. Price was struck, create unfair prejudice requiring a new trial?
(4) Standard of review: does abuse of discretion apply when a trial judge strikes a witness for failure to make "reasonable attempts" to produce/locate the witness?

RULES CITED:
Fla. R. Civ. P. 1.390 — Depositions of Expert Witnesses: https://floridarules.net/civil-proced...
Fla. R. Civ. P. 1.410 — Subpoena (requirements for locating/serving witnesses): https://floridarules.net/civil-proced...

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