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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN
AND FOR HERNANDO COUNTY, FLORIDA
PATRICK OSMOND,
Plaintiff, Case No: CA-13-2125
vs.
NEIGHBORHOOD RESTAURANT
PARTNERS FLORIDA, LLC, d/b/a
APPLEBEE’S NEIGHBORHOOD BAR
& GRILL, a foreign limited liability
company, FALLON GREENWALD, an
individual, and JOSEPH RAUB, an
individual,
Defendants.
/
ORDER ON DEFENDANT, NEIGHBORHOOD RESTAURANT PARTNERS FLORIDA,
LLC’S MOTION TO STRIKE PLAINTIFF’S EXPERT WITNESS, ELIZABETH
TRENDOWSKI
THIS CAUSE comes before this Court on Defendant, NEIGHBORHOOD
RESTAURANT PARTNERS FLORIDA, LLC’s Motion to Strike Plaintiff's Expert Witness,
Elizabeth Trendowski, and the Court, having reviewed the submissions of the respective parties,
the file, having held a hearing on the matter, and being otherwise fully advised in the premises,
hereby makes the following ruling:
1 “Excluding the testimony of a witness is a drastic remedy and should be invoked only
under the most compelling circumstances.” Louisville Scrap Material Co., Inc. v.
Petroleum Packers, Inc., 566 So. 2d 277, 278 (Fla. 2d DCA 1990).
“In order to admit expert testimony, the trial court must determine that the expert
ox: testimony will assist the trier of fact ‘in understanding the evidence or in determining a
eo
oN
COOx fact in issue.” Cty. of Volusia v. Kemp, 764 So. 2d 770, 773 (Fla. Sth DCA 2000)
ewd
LIQ
Bo (quoting Fla. Stat. § 90.702)). “Furthermore, an expert should not be allowed to render
ae
on
See
ox
an opinion which applies a legal standard to a set of facts.” Kemp, 764 So. 2d at 773.
Bow
CASE NO.: CA-13-2125
Here, the Court finds that the facts determined/opinions formed by Plaintiff's Expert
Witness, Elizabeth Trendowski, numbered 1-8 and found in the answer to Defendant’s
Expert Interrogatory No. 3, are inadmissible. This testimony, in the Court’s opinion,
will not assist the jury in deciding the issues in this case.
However, the Court finds that Elizabeth Trendowski may testify, but her testimony is
limited to information based on Florida law as to whether the Defendants “willfully and
unlawfully” sold or furnished alcoholic beverages to a minor. Daged mage Sads thes
‘ounty, lay of
Vy
DONE AND ORDERED in chambers, Hernando lorida, on thi:
(24,
February, 2016.
RICHARD
[WV ClTOMBRINK: Ai
CIRCUIT com
3
CASE NO.: CA-13-2125
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the
following individuals by hand delivery and/or U.S. Mail/Courthouse box delivery this
[ST day of Bebrmy, 2016:
x] THOMAS D. ROEBIG, JR., ESQUIRE
777 Alderman Road
Palm Harbor, FL 34683
ix] FRANK A. MILLER, ESQUIRE
703 Lamar Avenue
Brooksville, FL 34601
ix] MICHAEL E. REED, ESQUIRE
100 N. Tampa Street, Suite 1800
Tampa, FL 33602
x] SCOTT P. YOUNT, ESQUIRE
LAURA H. COMPTON, ESQUIRE
601 Bayshore Blvd., Suite 800
Tampa, FL 33606-2760
ix] BRANDON R. SCHEELE, ESQUIRE
501 E. Kennedy Blvd.
Suite 1500
Tampa, FL 33602
/ Judicial Assistant
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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR HERNANDO COUNTY, FLORIDA PATRICK OSMOND, Plaintiff, Case No: CA-13-2125 vs. NEIGHBORHOOD RESTAURANT PARTNERS FLORIDA, LLC, d/b/a APPLEBEE’S NEIGHBORHOOD BAR & GRILL, a foreign limited liability company, FALLON GREENWALD, an individual, and JOSEPH RAUB, an individual, Defendants. / ORDER ON DEFENDANT, NEIGHBORHOOD RESTAURANT PARTNERS FLORIDA, LLC’S MOTION TO STRIKE PLAINTIFF’S EXPERT WITNESS, ELIZABETH TRENDOWSKI THIS CAUSE comes before this Court on Defendant, NEIGHBORHOOD RESTAURANT PARTNERS FLORIDA, LLC’s Motion to Strike Plaintiff's Expert Witness, Elizabeth Trendowski, and the Court, having reviewed the submissions of the respective parties, the file, having held a hearing on the matter, and being otherwise fully advised in the premises, hereby makes the following ruling: 1 “Excluding the testimony of a witness is a drastic remedy and should be invoked only under the most compelling circumstances.” Louisville Scrap Material Co., Inc. v. Petroleum Packers, Inc., 566 So. 2d 277, 278 (Fla. 2d DCA 1990). “In order to admit expert testimony, the trial court must determine that the expert ox: testimony will assist the trier of fact ‘in understanding the evidence or in determining a eo oN COOx fact in issue.” Cty. of Volusia v. Kemp, 764 So. 2d 770, 773 (Fla. Sth DCA 2000) ewd LIQ Bo (quoting Fla. Stat. § 90.702)). “Furthermore, an expert should not be allowed to render ae on See ox an opinion which applies a legal standard to a set of facts.” Kemp, 764 So. 2d at 773. Bow CASE NO.: CA-13-2125 Here, the Court finds that the facts determined/opinions formed by Plaintiff's Expert Witness, Elizabeth Trendowski, numbered 1-8 and found in the answer to Defendant’s Expert Interrogatory No. 3, are inadmissible. This testimony, in the Court’s opinion, will not assist the jury in deciding the issues in this case. However, the Court finds that Elizabeth Trendowski may testify, but her testimony is limited to information based on Florida law as to whether the Defendants “willfully and unlawfully” sold or furnished alcoholic beverages to a minor. Daged mage Sads thes ‘ounty, lay of Vy DONE AND ORDERED in chambers, Hernando lorida, on thi: (24, February, 2016. RICHARD [WV ClTOMBRINK: Ai CIRCUIT com 3 CASE NO.: CA-13-2125 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the following individuals by hand delivery and/or U.S. Mail/Courthouse box delivery this [ST day of Bebrmy, 2016: x] THOMAS D. ROEBIG, JR., ESQUIRE 777 Alderman Road Palm Harbor, FL 34683 ix] FRANK A. MILLER, ESQUIRE 703 Lamar Avenue Brooksville, FL 34601 ix] MICHAEL E. REED, ESQUIRE 100 N. Tampa Street, Suite 1800 Tampa, FL 33602 x] SCOTT P. YOUNT, ESQUIRE LAURA H. COMPTON, ESQUIRE 601 Bayshore Blvd., Suite 800 Tampa, FL 33606-2760 ix] BRANDON R. SCHEELE, ESQUIRE 501 E. Kennedy Blvd. Suite 1500 Tampa, FL 33602 / Judicial Assistant