From Casetext: Smarter Legal Research

Aiken v. Miller

District Court of Appeal of Florida, First District
Aug 8, 1974
298 So. 2d 477 (Fla. Dist. Ct. App. 1974)

Opinion

No. T-184.

August 8, 1974.

Appeal from the Circuit Court for Marion County, John W. Booth, J.

Hugh M. Davenport of Greene, Greene, Smith Davenport, Jacksonville, for appellant.

Andrew G. Pattillo, Jr., of Pattillo, MacKay McKeever, Ocala, for appellees.


Appellant, Edith M. Aiken, brings this appeal from a jury verdict which awarded her $3,000.00 for injuries she allegedly sustained in an automobile accident. The jury had the opportunity to hear all the evidence in this case to evaluate same, and we find no reason for setting aside the jury's determination of the case. The only matter which we feel concerns comment by this Court is the decision of the trial court to not allow one, Dr. Kuhn, a chiropractor, to give his opinion as, whether based upon reasonable medical probability, a change in Mrs. Aiken's eyesight after the accident was a result of the automobile accident. We feel that the trial court properly sustained the objection to the question on the basis that a proper predicate had not been laid and there had been no testimony as to the qualifications of Dr. Kuhn to testify on problems related to eyes or vision. In addition, we note that the answer which Dr. Kuhn proffered to the question was not responsive. Last, even if error had been committed in not allowing Dr. Kuhn to testify, such was harmless because the appellant presented for the consideration of the jury the testimony of an optometrist who opined that her vision problems were probably related to the automobile accident.

The judgment appealed is affirmed.

RAWLS, C.J., and JOHNSON and McCORD, JJ., concur.


Summaries of

Aiken v. Miller

District Court of Appeal of Florida, First District
Aug 8, 1974
298 So. 2d 477 (Fla. Dist. Ct. App. 1974)
Case details for

Aiken v. Miller

Case Details

Full title:EDITH M. AIKEN, APPELLANT, v. HENRY MILLER ET AL., APPELLEES

Court:District Court of Appeal of Florida, First District

Date published: Aug 8, 1974

Citations

298 So. 2d 477 (Fla. Dist. Ct. App. 1974)

Citing Cases

Trend Coin Co. v. Honeywell, Inc.

With all of this substantially similar evidence before the jury, the trial judge's exclusion of one more…

State Dept. of Transp. v. Alvarez

he holdings that (a) since the Department of Insurance in fact received written notice of the instant claim…