4D10-2908-The Estate of Steven R. Kanengiser v. Jose Rodriguez

State: Florida

Court: Florida Southern District Court

Docket No: 4D10-2908.op

Case Date: 12/19/2012

Plaintiff: 4D10-2908-The Estate of Steven R. Kanengiser

Defendant: Jose Rodriguez

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2012

THE ESTATE OF STEVEN R. KANENGISER, Appellant, v. JOSE RODRIGUEZ and MARISSA RAMOS, his wife, Appellees. No. 4D10-2908 [December 19, 2012] DAMOORGIAN, J. The Estate of Steven R. Kanengiser ("Appellant") appeals the trial court's final judgment awarding damages to Jose Rodriguez ("Appellee"). We affirm. By way of background, Appellant admitted the decedent was at fault in striking the rear of Appellee's car in a low-impact crash. After a contentious trial o n th e issues of causation, apportionment of the injuries, and damages, a jury awarded Appellee $638,128.60. This appeal follows. Appellant raises a number of issues on appeal. Of these, the primary issue presented concerns the cumulative effect of alleged errors throughout the trial. We reviewed the entire record, and do not find any impropriety that infected the trial to such an extent as to deny Appellant a fair trial. See Intramed, Inc. v. Guider, 93 So. 3d 503, 505 (Fla. 4th DCA 2012) (reversing where serial improprieties operated to deny the appellant a fair trial). Affirmed. TAYLOR, J., and CORLEW, REGINALD, Associate J., concur. * * *

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard Eade, Judge; L.T. Case No. 05-6990 (05).

Robert I. Buchsbaum of Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A., Hollywood, for appellant. Roy Wasson and Roberta Mandel of Wasson & Associates, Chartered, Miami, and Daniel R. Maier of Daniel R. Maier, P.A., Fort Lauderdale, for appellees. Not final until disposition of timely filed motion for rehearing.

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