Expert Witness TestimonyMay 10, 2016
This article represents a great summary of the upheaval in current Florida law regarding the admissibility of Expert witness testimony in trials in Florida. I have practiced law in this state for over 36 years utilizing the Frye Standard. Experts must be qualified to give opinion testimony as compared to just factual evidence. The Daubert Standard is stricter and could lead to more hearings and appeals. The argument is that Daubert eliminates junk science, but so does Frye. I have always been an advocate of the old adage “If it isn’t broke, don’t fix it”. Frye has worked fine for decades. If a judge doesn’t think the witness is an expert, opinion testimony will not be allowed. Likewise , if a judge doesn’t think the alleged expert’s testimony adds insight beyond the common person’s knowledge, that testimony will probably be stricken. Both myself and my law partner Charles Schuster are board certified civil trial lawyers specializing in personal injury law throughout Florida’s Panhandle.Together we have practiced law for 80 years. We have offices in Pensacola, Milton, FT. Walton, Destin and Crestview. We can be reached for a free consultation at :850-434-3333; 850-682-3000; or 850-244-7191. Or contact us through our website GrossAndSchuster.com.