United Automobile Insurance Company v. Gables Rehab, Inc.

Summary

The Third District Court of Appeal of Florida reversed an order granting summary judgment to Gables Rehab, Inc. in a dispute over personal injury protection benefits. The court held that the trial court abused its discretion by striking an opposing expert’s affidavit under the bald repudiation doctrine because the affidavit did not contradict the expert’s deposition testimony. The affidavit raised a genuine issue of material fact regarding the relatedness and medical necessity of the chiropractic treatment, requiring further proceedings.

Holdings

1. The trial court abused its discretion by striking Dr. Weinreb's affidavit because the affidavit did not baldly repudiate his deposition testimony.
2. Summary judgment was improper because Dr. Weinreb's testimony conflicted with the treating chiropractor's testimony and therefore raised a genuine issue of material fact.

Questions Presented

1. Whether the trial court abused its discretion by striking Dr. Weinreb's affidavit under the bald repudiation doctrine.
2. Whether the conflicting affidavit and deposition evidence created a genuine issue of material fact precluding summary judgment.

Disposition

reversed_and_remanded