A Florida district court of appeals recently rendered its decision on an appeal based on the trial court’s decision to exclude various pieces of evidence from consideration by the jury.
In the case, the plaintiffs alleged that the defendant revved the engine of his Chevrolet Camaro, thus signaling his alleged desire to race the plaintiffs. Plaintiffs alleged that after riding next to their two motorcycles and swerving into their lane twice, he hit the first motorcycle (which had one passenger), which then crashed into the second motorcycle and then drove away. The plaintiffs survived the accident, but suffered serious personal injuries which required medical treatment. Prior to the accident, the plaintiffs had stopped at a restaurant and then a bar, and were headed home when the accident occurred.
At trial, the defendant claimed that the motorcycles caused the accident to occur by one driver accidentally turning onto the other one. He claimed comparative negligence as a defense. Witness testimony as to what happened was similarly inconsistent.