Sanz v. Carter
Docket: No. 4D05-2518
Court: District Court of Appeal of Florida; August 2, 2006; Florida; State Appellate Court
Appellants Dr. Agustín C. Sanz and Pronational Insurance Company appeal a jury verdict favoring the Carters, raising four issues. The court found merit in one issue, leading to a reversal and remand for a new trial, while not addressing the remaining issues. Prior to trial, a ruling limited each party to two expert witnesses. During a fifteen-day trial, the Carters presented their two experts, while Sanz testified and called Dr. Genecin as his first expert. On the thirteenth day, Sanz attempted to introduce a second expert, Dr. Inwood, which the Carters' counsel objected to, claiming the testimony would be cumulative since Sanz had already testified to the standard of care. The trial judge sustained this objection and excluded Dr. Inwood, which the appellate court deemed an error. The court emphasized that a successor judge should avoid overturning prior rulings without sufficient grounds and that limitations on witness numbers should be communicated in advance. Excluding Sanz’s expert witness late in the trial was viewed as an abuse of discretion that materially prejudiced Sanz’s defense, resulting in a miscarriage of justice, thus warranting a new trial. The judges concurred in this decision.