Rojas v. Rodriguez

Plaintiff, Enzo Rojas, seeks review of the trial court’s order granting defendant Yagmerys Rodriguez’s motion for a new trial. Because the defendant did not make a. timely Daubert 1 objection, we reverse.

The plaintiff was a passenger in an automobile that was struck by the defendant’s vehicle. The defendant admitted liability and the case was tried on the issue of whether the plaintiff’s herniated disc was caused by the accident. A neurosurgeon testified that the herniated disc was consistent with the twisting of the body that the plaintiff testified occurred when the vehicle spun after the…