CourtCases2010

N2 footnotes

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Unformatted text preview: 986), rev. denied, 506 So.2d 1041 (Fla. 1987). Further, an appellate court may consider only the objections to admissibility 41 of evidence on the grounds specifically stated at trial, and will not consider those objections to admissibility urged for the first time on appeal. Tabasky v. Dreyfuss, 350 So.2d 520, 521 (Fla. 3d DCA 1977). We have reviewed the record and find no objection on any grounds to the testimony of Professor White regarding his interview with Turner, nor as to his reliance on Turner's wife's affidavit. Furthermore, Turner's drug use and abuse was also established [**27] by the testimony of police officers [*755] and the two examining psychologists, all of which was admitted without objection. n2 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n2 Turner had been transported from prison to the scene of the trial in this case and was being held to be available as a witness if called. Neither appellant nor appellee placed Turner on the witness stand. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - IV. PROXIMATE CAUSE Appellant urges that even assuming the existence of a duty on its part, under the circumstances, to investigate Turner's background before placing him in the deliveryman's job, and assuming negligence in hiring and retaining Turner, there can be no liability in this case because of the absence of a causal connection between its negligence and the subsequent injuries. Harrison's injuries, appellant maintains, were not a natural, direct, and continuous result of appellant's conduct. In making this argument, appellant refers to the familiar standard of causation followed in negligence actions by Florida courts, that in order to carry the burden of proof on the issue of causation, [**28] the plaintiff must present evidence which "affords a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a substantial factor in bringing about the result.&qu...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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