Trial court abused its discretion by allowing defendant nursing home to introduce opinion testimony by decedent's physician that nursing home was not negligent.

The nursing home resident's treating physician's deposition was read into evidence at trial. In the deposition the physician opined that Delta (Nursing Home) was not negligent in its care of the resident. The Second District Court of Appeal held that while an expert may render an opinion regarding an ultimate issue in a case, he or she is not permitted to render an opinion that applies a legal standard to a set of facts. While the expert could testify that the nursing home did not breach the standard of care, he could not testify that in his opinion the nursing home was not negligent.

Case Law Alert - 2nd Qtr 2010