Lang Pools v. McIntosh, AH-408

Citation415 So.2d 842
Decision Date23 June 1982
Docket NumberNo. AH-408,AH-408
CourtCourt of Appeal of Florida (US)
PartiesLANG POOLS and Continental Insurance Company, Appellants, v. Sheila McINTOSH, Appellee.

Ellen H. Lorenzen, Tampa, for appellants.

Bruce A. Walkley of McClain, Walkley & Stuart, Tampa, for appellee.


The employer/carrier appeals a workers' compensation order finding that the trauma suffered by claimant was a causative contributing factor to an aseptic necrosis of her hip. We remand for clarification.

The claimant testified by deposition that she injured her hip while picking up jugs of chlorine. The accident was similarly described by Dr. Kriz, who deposed that such a simple act, even if performed on a repeated basis, would not set the stage for a vascular necrosis of the femoral head. According to Dr. Kriz, the cause of claimant's condition is related to her use of birth control pills and cigarettes.

The only direct evidence of causal relationship between the accident and claimant's condition is found in Dr. Dave's deposition. Although it is questionable whether that deposition and the attached letters were of record, we assume they were because the deputy referred to the deposition in his order and because the parties have so stipulated on appeal.

Dr. Dave testified by deposition that claimant suffered a fall while carrying jugs of chlorine and that the injury which resulted from said trauma produced a possible synovitis which gradually developed a problem of circulatory changes in claimant's hip joint, thus causing an aseptic necrosis of the head of the femur. However, attached to Dr. Dave's deposition was a letter written by him prior to the date of deposition in which he noted that claimant receded from any history of a fall. The doctor did not state whether claimant's condition could be caused by the mere act of carrying jugs.

A medical expert's opinion does not eliminate the necessity of proving the essential foundation facts in support thereof. Gold Coast Paving Company, Inc. v. Fonseca, 411 So.2d 259 (Fla. 1st DCA 1982). On the record before us, there is no competent substantial evidence upon which to find that claimant suffered a fall. Since Dr. Dave's opinion is premised upon the history of a fall, which is at variance with the accident as described by claimant, that doctor's opinion lacks factual foundation and does not support a finding of causation.

However, the brevity of the deputy commissioner's conclusory order...

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4 cases
  • Fuchs Baking Co. v. Estate of Szlosek, AY-231
    • United States
    • Court of Appeal of Florida (US)
    • 2 Abril 1985
    ...supported by evidence, Victoria Hospital v. Perez, 395 So.2d 1165 (Fla. 1st DCA 1981) or not independently proved. Lang Pools v. McIntosh, 415 So.2d 842 (Fla. 1st DCA 1982); Gold Coast Paving Co., Inc. v. Fonseca, 411 So.2d 259 (Fla. 1st DCA 1982). See also Arkin Construction Co. v. Simpkin......
  • State v. Junod, CASE NO. 1D15–5259
    • United States
    • Court of Appeal of Florida (US)
    • 13 Abril 2017
    ...have held that an expert must establish accurate essential foundation facts in support of the expert's opinion. Lang Pools v. McIntosh , 415 So.2d 842, 843 (Fla. 1st DCA 1982) (rejecting expert's opinion based on premise that claimant suffered a fall, when claimant's own testimony was to th......
  • Westley v. Hub Cycles, Inc., 94-02393
    • United States
    • Court of Appeal of Florida (US)
    • 19 Abril 1996
    ...petcock when the motorcycle left the dealership, because there was no factual foundation in support thereof. See Lang Pools v. McIntosh, 415 So.2d 842 (Fla. 1st DCA 1982). Further, the trial court properly granted Hub Cycles' motion for judgment notwithstanding the verdict because Westley's......
  • Lang Pools v. McIntosh
    • United States
    • Court of Appeal of Florida (US)
    • 27 Junio 1983
    ...for appellee. PER CURIAM. This cause reoccurs following remand pursuant to this court's opinion of June 23, 1982, reported at 415 So.2d 842 (Fla.App.1982). Subsequent to remand, the parties agreed to submit written interrogatories to Dr. Dave. The answers to those interrogatories indicate t......

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