CASES - Civil

Wrongful death -- Medical malpractice -- Immunity -- Good Samaritan Act -- Action alleging emergency room physician, in treating accident victim, failed to recognize severity of victim's internal injuries and emergent need for surgery and failed to call for surgical evaluation in timely manner -- Error to enter directed verdict in favor of emergency room doctor and his employer on ground that alleged omissions were governed by Good Samaritan Act and that plaintiff's expert's testimony failed to establish requisite “reckless disregard” necessary to prove liability under the Act -- Although trial court was correct in its determination that the Act applied, expert's testimony that defendant should have recognized that decedent was bleeding internally and needed immediate surgical intervention and that defendant should have known that these omissions would likely result in injury to decedent was sufficient to present jury question as to whether defendant acted with reckless disregard within meaning of Act -- New trial required -- Court notes that it was abuse of discretion to permit defendant to cross-examine plaintiff's expert in manner which suggested that expert's testimony on “reckless disregard” was recently fabricated or that testimony was inconsistent with expert's prior opinions     Reported at 32 Fla. L. Weekly D2729a

Torts -- Automobile accident -- Damages -- Noneconomic -- Award of zero damages for past and future pain and suffering was inadequate in light of undisputed evidence presented at trial that plaintiff suffered pain from injury and resulting necessary treatments and that plaintiff suffered permanent injuries which would require future medical treatment and would continue to cause pain in the future -- Plaintiff's argument constituted a claim that the verdict was inadequate and was properly preserved for appeal by posttrial motion for additur or new trial -- Fact that plaintiff had some preexisting conditions does not change result in this case -- Remand for further proceedings on noneconomic damages -- Discussion of distinction between inadequate and inconsistent verdicts   Reported at 32 Fla. L. Weekly D2681a

Torts -- Automobile accident -- Evidence -- Summaries -- Error, if any, in admission of poster boards containing diagrams or bullet points of portions of testimony of witnesses was harmless because what was written on the poster boards merely reproduced testimony of witnesses, which jury had already heard, and much of information displayed on various poster boards was not in dispute -- Further, there is no evidence that jury during its deliberations relied upon poster boards in question     Reported at 32 Fla. L. Weekly D2689a

Torts -- Medical malpractice -- Pediatric cardiologist -- Action arising out of two surgeries performed by defendant on infant's pulmonary arteries -- New trial -- Discovery violations -- No abuse of discretion in granting new trial where, near end of trial, defense expert presented medical opinion testimony that had not been disclosed to plaintiffs during discovery -- Outcome of case weighed heavily on expert opinion testimony -- Further, defendant testified in his deposition and at trial that there was a typographical error in the surgical report concerning pre-operative size of child's left pulmonary artery and that artery was 19 millimeters rather than the 9 millimeters shown on the surgical report; defendant testified that he would not have reduced the size of the LPA if it had been 9 millimeters; and defense expert testified that echocardiogram showed that the pre-operative size of LPA was 9 millimeters and much of his expert opinion was based on that assumption, testimony which trial court found produced surprise at trial and confused jury to a degree that prejudiced the plaintiffs   Reported at 32 Fla. L. Weekly D2705b

Torts -- Premises liability -- Negligence -- Action alleging negligent construction and failure to warn of dangerous condition brought by plaintiff who slipped and fell over ledge or step while being led on tour at model home -- Jurors -- Trial court abused its discretion by failing to strike for cause a juror who indicated that, in every slip and fall, the person who falls is at least partially responsible and that this would factor into juror's decision and would be something that the plaintiff would have to overcome -- Although juror subsequently stated he believed he could be fair, juror never recanted or receded from his earlier expressed view -- Remand for new trial   Reported at 32 Fla. L. Weekly D2700a

 

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