21ST CENTURY CENTENNIAL INSURANCE COMPANY v. SMITH (2018)

District Court of Appeal of Florida, Fifth District.

21ST CENTURY CENTENNIAL INSURANCE COMPANY, Appellant, v. Jacqueline SMITH, Appellee.

Case No. 5D16–3821

Decided: January 26, 2018

Thomas E. Scott, Scott A. Cole and Alexandra Valdes, of Cole, Scott & Kissane, P.A., Miami, for Appellant. Rebecca Bowen Creed and Bryan S. Gowdy, of Creed & Gowdy, P.A., Jacksonville, and Howard C. Coker, Joseph V. Camerlengo, Jr., and Stefano D. Portigliatti, of Coker, Schickel, Sorenson & Posgay, Camerlengo & Iracki, Jacksonville, for Appellee.

AFFIRMED.

Appellant is correct that the trial court abused its discretion in limiting the testimony of one of its expert witnesses. However, after consideration of the record before us, I cannot conclude that the error was harmful. See, e.g., Kennedy v. Brago, 544 So. 2d 216, 216 (Fla. 3d DCA 1989) (“After reviewing the record, we conclude that the proffered testimony—that there was a degeneration in Mrs. Kennedy’s condition after the accident—was cumulative and therefore its exclusion was harmless.”).

PER CURIAM.

COHEN, C.J., and WALLIS, J., concur. EVANDER, J., concurs specially, with opinion

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