GIW Southern Valve Co. v. Smith, 84-1839
| Decision Date | 15 May 1985 |
| Docket Number | No. 84-1839,84-1839 |
| Citation | 471 So.2d 81,10 Fla. L. Weekly 1242 |
| Parties | 10 Fla. L. Weekly 1242 GIW SOUTHERN VALVE COMPANY, Appellant, v. Robert C. SMITH, Appellee. |
| Court | Florida District Court of Appeals |
Charles P. Schropp and Raymond T. Elligett, Jr., of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellant.
Patrick F. Sprague of Sprague & Jeske, P.A., Tampa, for appellee.
In this personal injury suit which resulted in a jury verdict and judgment against defendant for $1,350,000, we reverse and remand for a new trial on damages.
We agree with defendant's contention on appeal that there was reversible error in the trial court's admission, over objection, of the testimony of an expert witness who was a clinical psychologist and clinical neuropsychologist and who was not a medical doctor. That testimony consisted of the opinion that because of the accident plaintiff's "brain would deteriorate much more rapidly in the future" and an explanation thereof.
We agree with plaintiff that whether an expert witness is qualified to give opinion testimony is normally determined in the sound discretion of the trial court. We do not agree, however, that this is an unfettered discretion. See, e.g., Carver v. Orange County, 444 So.2d 452 (Fla. 5th DCA 1983); City Stores Company v. Mazzaferro, 342 So.2d 827 (Fla. 4th DCA 1977); Mills v. Redwing Carriers, Inc., 127 So.2d 453 (Fla. 2d DCA 1961). We would be remiss if we failed to correct what we believe to be an abuse of that discretion when, as we believe is clear here, the witness's testimony was not without significant impact upon the outcome of the trial.
There is no argument with the proposition that a psychologist may properly give opinion testimony as to an existing mental condition, see Ross v. State, 386 So.2d 1191 (Fla.1980); Reese v. Naylor, 222 So.2d 487 (Fla. 1st DCA 1969), and existing organic brain damage. Executive Car & Truck Leasing, Inc. v. DeSerio, 468 So.2d 1027 (Fla. 4th DCA 1985). However, we have been cited to and have located no authority permitting a psychologist to give expert opinion testimony as to the future condition of a brain as the result of an accident.
There is authority that a psychologist is not qualified to give opinion testimony as to whether existing brain damage was the result of a particular accident. Executive Car, and cases cited therein. We believe the underlying rationale for excluding that type of opinion testimony requires the exclusion of the type of testimony in issue here. That rationale involves the lack of qualifications of a non-medical witness on a medical subject. We have...
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