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Grenitz v. Tomlian6/5/2003
ourt did not abuse its discretion in relying on the then- existing law in denying the proffered testimony. Nor do I believe, even if the case law in the Fourth District changed from Executive Car & Truck Leasing, Inc. v. DeSerio, 468 So. 2d 1027 (Fla. 4th DCA 1985), to the rule set out in Broward County School Board v. Cruz, 761 So. 2d 388 (Fla. 4th DCA 2000), that the trial judge abused his discretion in not allowing this testimony by the neuropsychologist since there was no evidence in the record that the substance of this opinion came within the expertise of psychology.
Even if the trial court could be found to have erred in respect to sustaining the objection to Dr. Crown's proffered testimony, any error would be harmless based upon an examination of the entire record in this case. See ยง 59.041, Fla. Stat. The trial court admitted testimony presented by the plaintiff as to the causation and timing of the brain injury in utero by Dr. Schneck, a neurologist, and Dr. Gatewood, an obstetrician. The defendants had one expert, Dr. Vannuci, a neurologist.
I dissent from reversing the trial judge. I would affirm the final judgment.
CANTERO, J., and SHAW, Senior Justice, concur.
Two Cases Consolidated:
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