Jason Azzarone was successful in arguing to the Second District Court of Appeal

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiffs’ motion for new trial in Berkey v. Boyer, where the Second District Court of Appeal entered a Per Curium Affirmance. On Appeal, the Appellants argued that the Trial Court committed error by allowing the Defendants’ expert to testify at trial on the issue of the acceptable standard of care because there was no literature specifically supporting his opinions. Mr. Azzarone argued that the expert’s testimony was reliable pursuant to the standards set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Mr. Azzarone also argued that contrary to the Appellants’ position, the expert was not required to provide articles or publications supporting his opinions in order to be admissible.