Morris & Morris argues precedent-setting case before 11th Circuit Court of Appeals March 6, 2012

Michael Morris of Morris & Morris today argued before the Eleventh Circuit Court of Appeals that expert testimony should not be required in at least some negligence cases involving defective construction work. Arguing on behalf of the Insurance Company of the West, Morris pointed out to the three-judge panel that no court in Florida has ever held that juries are incapable of understanding basic concepts of negligence in construction cases. The appeal arose in the case of the Insurance Company of the West v. Island Dream Homes, in which the trial judge held that juries are incapable of…understanding even the simplest construction cases without the assistance of an expert witness. If upheld, this decision would recast negligence cases in Florida, at least at the federal level, essentially forcing every plaintiff to seek the aid of an expert witness in trial.

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