Fell v. Carlin
6 So. 3d 119 (Fla. 2nd DCA 2009) (April)
The district court affirmed the trial court’s denial of a directed verdict for the plaintiff on the issue of whether he sustained an injury in the car crash in question. The plaintiff argued that he was entitled to such a directed verdict because every doctor who testified at trial concluded that he had suffered an injury in the crash. The district court held that the jury is entitled to reject even uncontroverted medical evidence, provided it has a reasonable basis to do so. Lay testimony that conflicts with a doctor’s opinion, which was heard in this case, can provide such a basis.