Attacking The Character Of A Defense Witness On Matters Not Relevant To The Issues At Trial Required A New Trial
STERLING CASINO LINES, L.P., Appellant, v. LESLIE ROSALEEPLOWMAN-RENDER, Appellee.
Case No. 5D04-2830
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT
902 So. 2d 938; 2005 Fla. App. LEXIS 8265; 30 Fla. L. WeeklyD 1404
June 3, 2005, Opinion Filed
SUBSEQUENT HISTORY: Released for Publication June 22, 2005.
PRIOR HISTORY: [*1] Appeal from the Circuit Court for Brevard County, Lawrence V. Johnson III, Judge.
DISPOSITION: REVERSED and REMANDED for a new trial.
PROCEDURAL POSTURE: Appellant cruise line appealed a judgment in favor of appellee individual by the Circuit Court for Brevard County (Florida) in the individual's personal injury action; the cruise line claimed that the trial court erred in admitting improper character evidence, evidence of prior bad acts, and other irrelevant evidence.
OVERVIEW: The individual claimed that she injured her shoulder when a waitress carrying a tray of coffee bumped into her. The cruise line's emergency medical technician treated the individual with a first aid spray. The individual returned home, and her burns healed in a few days. However, two or three days later, she had a stiff neck and a sore shoulder. She went to see her primary care physician, whose medical records indicated the injury occurred when the individual struck her shoulder on a door a month later. Over the cruise line's objection, the individual was able to introduce information relating to the medical technician's alcohol-induced coma, suicide attempt, stays in a mental facility, and the reason for his termination from employment with the cruise line. The court held that the questions asked of the technician might have been appropriate in a discovery context. However, they were irrelevant to the issues at trial and served simply to portray the technician in an unfavorable light. Because the questions impugned the technician's character and might have destroyed his effectiveness as a witness, the cruise line was entitled to a new trial.
OUTCOME: The judgment was reversed, and the cause was remanded for a new trial.
