Tallahassee attorneys Chris Barkas and Kyle Weaver recently obtained a favorable Daubert ruling in Florida state court which limited the opinions of one of the plaintiff’s treating medical providers (a chiropractor). The argument focused on the unreliability of the chiropractor’s causation testimony given she knew no facts about the collision in the case and knew nothing about the plaintiff’s medical history. The chiropractor in the case ultimately “took the plaintiff’s word for it” and “assumed” the accident caused her injuries from the mere temporal relationship between the accident and her complaint of pain. This most recent Daubert victory follows the pair’s earlier January 2022 Daubert victory in federal court which limited the opinions of five treating physicians on the same grounds.
Reflecting on the victory, Weaver said “It’s a new day in Florida’s courts and after many years of confusion, Daubert is unequivocally the law. It’s our hope that as Florida case law on the issue continues to develop, courts will continue to reject expert testimony, which is not based on reliable facts or methods, which our laws require.”
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