Bern v. Camejo

Kazandra Bern (“Bern” or “Plaintiff’) appeals the trial court’s order denying a motion for new trial. The issue is whether the trial court erred in permitting the Defendants to introduce evidence and argue to the jury that one of the trial witnesses had been sued and was originally named as a defendant in the case, in violation of section 768.041(3), Florida Statutes (2012). For the reasons that follow, we reverse and remand for a new trial.

This case involves a three-car collision at the intersection of Northeast 135th Street and Biscayne Boulevard in Miami. The three drivers were Bern,…