Tucker v. Korpita

The issue in this case is whether appellant was entitled to an intervening cause jury instruction. We find, under the facts of this case, that the trial court erred by not instructing the jury as requested. We reverse and remand.

In December 2007, appellee rear-ended appellant while driving in West Palm Beach. Appellant filed a claim for negligence. Appellee admitted negligence and a trial ensued only on the issues of causation and damages.

At trial, appellant called several expert witnesses. Dr. Robert Simon testified about performing a minimally invasive dis-cectomy on appellant. Dr. Simon…