Nationwide Mut. Ins. Co. v. Griffin, Nos. 1017
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | OWEN; CROSS, J., and HENSLEY, ROBERT E. |
| Citation | 222 So.2d 754 |
| Parties | NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio corporation, Appellant, v. Helyne GRIFFIN, as Administratrix of the Estate of Sabina M. Foster, Deceased, and John J. Foster, Appellees. |
| Decision Date | 23 May 1969 |
| Docket Number | 1597,Nos. 1017 |
Page 754
v.
Helyne GRIFFIN, as Administratrix of the Estate of Sabina M. Foster, Deceased, and John J. Foster, Appellees.
Page 755
P. Dalton Kennedy, Jr., West Hollywood, for appellant.
Norman C. Roettger, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellees.
OWEN, Judge.
Nationwide's automobile liability policy provided for payment of certain medical expenses and disability and death benefits to any person suffering injury or death by reason of an accident arising out of the use of the automobile. Sixty-eight year old Sabina Foster was a passenger in the automobile at the time it was involved in an accident on February 17, 1963. She was immediately admitted to the hospital and 24 days later, while still a patient, she sustained a cerebral thrombosis which required her continued hospitalization until March 18, 1963. Thereafter she appeared to be recovering from the effects of the stroke although the extent of her activities was in dispute. On February 2, 1964, approximately 350 days after the accident, Mrs. Foster died, the immediate cause of which was cerebral thrombosis having its onset approximately 48 hours prior thereto.
When Nationwide denied liability for the $5,000 death benefit this suit resulted. At trial plaintiff's expert medical witness, Dr. Monyek, expressed the opinion, in response to a hypothetical question, that there was a causal relationship between the automobile accident and Mrs. Foster's death. Defendant's objection to the hypothetical, on the grounds that it was based upon facts which were not in evidence, was overruled. On cross examination the witness admitted that his opinion was based partly on the assumption that the cerebral thrombosis occurring immediately prior to death was in the same general area of the brain as the cerebral thrombosis occurring approximately three weeks following the accident, although there was no direct proof of such. Defendant's counsel then asked the witness whether, in the absence of such an assumption, he could express his opinion with 'reasonable medical certainty' to which the witness responded in the negative. Defendant's motion to strike the direct testimony of the expert witness was denied. The court also denied the defendant's request for an instruction to the jury that death is presumed to be the result of natural dissolution rather than of accidental injury. The jury returned a verdict for plaintiff for an amount which included the medical expenses, the disability benefits and the $5,000 death benefit. The court then entered judgment for the amount of the verdict, 'together with interest costs and attorney's fees as may be hereafter taxed by the court'. Appeal No. 1017 was taken from this judgment. Approximately...
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Smith v. State, No. SC05-703.
...evidence in the record to support the fact. See Autrey v. Carroll, 240 So.2d 474, 476 (Fla.1970); Nationwide Mutual Ins. Co. v. Griffin, 222 So.2d 754 (Fla. 4th DCA In the instant case, defense counsel's objections to the State's first hypothetical question were as to the form of the questi......
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Cook v. Deltona Corp., No. 83-5651
...from the due date thereof." Parker v. Brinson Construction Co., 78 So.2d 873, 874 (Fla.1955); Nationwide Mutual Insurance Co. v. Griffin, 222 So.2d 754, 756 On these authorities we conclude that Deltona, by breaching its contractual duty to refund Cook's purchase monies and interest, gave r......
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Universal Ins. Co. of North America v. Warfel, No. SC10–948.
...See Ins. Co. of State of Pa. v. Estate of Guzman, 421 So.2d 597, 601 (Fla. 4th DCA 1982). In Nationwide Mutual Insurance Co. v. Griffin, 222 So.2d 754, 756 (Fla. 4th DCA 1969), the Fourth District Court of Appeal articulated the historical effect of presumptions prior to the enactment of th......
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Benson v. State, No. 86-2431
...testimony need not be to a certainty. See Amazon v. State, 487 So.2d 8, 12 (Fla.1986); Nationwide Mutual Insurance Co. v. Griffin, 222 So.2d 754 (Fla. 4th DCA 1969); 24 Fla.Jur.2d, Evidence and Witnesses § 683 (1981). To the extent the expert testimony in this case involved basing inference......
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Smith v. State, SC05-703.
...evidence in the record to support the fact. See Autrey v. Carroll, 240 So.2d 474, 476 (Fla.1970); Nationwide Mutual Ins. Co. v. Griffin, 222 So.2d 754 (Fla. 4th DCA In the instant case, defense counsel's objections to the State's first hypothetical question were as to the form of the questi......
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Cook v. Deltona Corp., 83-5651
...from the due date thereof." Parker v. Brinson Construction Co., 78 So.2d 873, 874 (Fla.1955); Nationwide Mutual Insurance Co. v. Griffin, 222 So.2d 754, 756 On these authorities we conclude that Deltona, by breaching its contractual duty to refund Cook's purchase monies and interest, gave r......
-
Benson v. State, 86-2431
...testimony need not be to a certainty. See Amazon v. State, 487 So.2d 8, 12 (Fla.1986); Nationwide Mutual Insurance Co. v. Griffin, 222 So.2d 754 (Fla. 4th DCA 1969); 24 Fla.Jur.2d, Evidence and Witnesses § 683 (1981). To the extent the expert testimony in this case involved basing inference......
-
Universal Ins. Co. of North America v. Warfel, SC10–948.
...See Ins. Co. of State of Pa. v. Estate of Guzman, 421 So.2d 597, 601 (Fla. 4th DCA 1982). In Nationwide Mutual Insurance Co. v. Griffin, 222 So.2d 754, 756 (Fla. 4th DCA 1969), the Fourth District Court of Appeal articulated the historical effect of presumptions prior to the enactment of th......