terry's takes

May 12, 2023

Lancheros v. Burke

In this case, Burke sued Lancheros and VL Auto Transport, Inc., for injuries from a car accident. The defendants admitted fault, but contested whether the accident caused Burke's back injury, arguing it was a pre-existing condition. Although expert testimony supported Burke’s claim that the accident caused temporary back soreness, the trial court granted a directed verdict on causation, removing that question from the jury. The DCA reversed, citing that the jury could still question causation due to Burke's delayed treatment and prior back issues. This allowed the jury to reject expert testimony based on conflicting evidence about the injury's cause.