Torts — Negligence — Comparative negligence — Alcohol impairment defense — Action arising out of injuries suffered by plaintiff as a result of defendants’ vehicle striking plaintiff’s bicycle from behind — Trial court erred in granting plaintiff’s motion for directed verdict on statutory alcohol defense related to plaintiff’s impairment — Where plaintiff was riding his bicycle in the dark on a six-lane roadway without reflective clothing or proper lighting or reflectors on his bicycle, evidence of plaintiff’s .23 BAC and impairment properly raised the issue of whether the alcohol consumption was a contributing factor in the accident — Evidence — Court cannot entertain argument that trial court erred in excluding expert opinion testimony based on conclusion that it was cumulative where defendant failed to proffer the additional expert testimony it sought to introduce — Trial court abused its discretion by allowing plaintiff’s accident reconstruction expert to testify that plaintiff’s normal faculties were not impaired — Expert’s opinion was improper under Daubert
44 Fla. L. Weekly D2470c
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