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Keller Ladders, Inc. v. McCormack

Citations: 968 So. 2d 667; 2007 Fla. App. LEXIS 17759; 2007 WL 3274414Docket: No. 4D06-3110

Court: District Court of Appeal of Florida; November 6, 2007; Florida; State Appellate Court

Narrative Opinion Summary

In a personal injury lawsuit concerning a defective ladder, KLI, Inc., formerly Keller Ladders, Inc., appealed a final judgment holding it liable for the plaintiff's injuries. The court affirmed the trial court's finding of liability based on the application of Florida's legal principles regarding successor corporation liability, as established in precedent cases such as Bernard v. Kee Mfg. Co. The trial court admitted the expert testimony of Dr. Morse, who examined the defective ladder and a comparable model, offering substantial data to support his opinion. The appellate court concurred that any discrepancies in the expert's testimony versus the plaintiff's account affected the evidence's weight rather than its admissibility. The judgment was upheld by a panel of Judges Gunther, Warner, and Gross, who found the trial court's decisions consistent with legal standards, ultimately affirming the plaintiff's favorable outcome against KLI, Inc.

Legal Issues Addressed

Admissibility of Expert Testimony

Application: The trial court's decision to admit the testimony of the plaintiff's expert was affirmed, as the expert's opinion was supported by substantial data and any discrepancies affected the weight, not the admissibility, of the evidence.

Reasoning: Dr. Morse conducted an examination of both the defective ladder and a comparable ladder, providing a foundation for his opinion based on substantial data. Any discrepancies between his testimony and that of the plaintiff were deemed to affect the weight of the evidence rather than its admissibility.

Predecessor Liability in Successor Corporations

Application: The court upheld the imposition of liability on KLI, Inc., as a successor corporation, for obligations assumed from Keller Ladders, Inc., in line with established Florida law.

Reasoning: The ruling aligns with Florida law allowing predecessor liability to be imposed on a successor corporation when obligations are assumed, as established in cases like Bernard v. Kee Mfg. Co. and others.