· 7/10/2003
Castillo v. EI Du Pont De Nemours & Co., Inc.
Citations
- 854 So. 2d 1264
- 28 Fla. L. Weekly Supp. 538
- 2003 Fla. LEXIS 1159
- 2003 WL 21543502
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \It is a basic tenet of appellate review that appellate courts do not reevaluate the evidence and substitute their judgment for that of the jury.\
- \We must consider whether the scientific principles upon which the Castillo's experts based their opinions are generally accepted in the scientific community.\
- \The proponent of the evidence bears the burden of establishing by a preponderance of the evidence the general acceptance of the underlying scientific principles and methodology.\
- expert testimony involving cause of birth defects found properly admissible under Frye
- expert permitted to testify that he believed that fetal exposure to benomyl would cause the birth defects in question in humans based on rat gavage studies, lab experiments on human and rat cells, and the results of dermal testing done by the manufacturer's own scientist
- “It is a basic tenet of appellate review that appellate courts do not reevaluate the evidence and substitute their judgment for that of the jury. If there is any competent evidence to support a verdict, that verdict must be sustained . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Quince
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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