CASES - Civil

Torts -- Medical malpractice -- Birth-Related Neurological Injury Compensation Plan -- Administrative law judge erred in finding that hospital's failure to provide patient with notice of Plan precluded application of immunity provisions of Plan even though participating physician provided notice of his participation in Plan -- Question certified: In light of the Florida Supreme Court's decision in Galen of Florida v. Braniff, 696 So. 2d 308 (Fla. 1997), does a physician's predelivery notice to his or her patient of the Plan and his or her participation in the Plan satisfy the notice requirements of section 766,316, Florida Statutes (1997), if the hospital where the delivery takes place fails to provide notice of any kind?
Reported at 33 Fla. L. Weekly D217b

Wrongful death -- Automobile accident caused by defendant who was driving while intoxicated -- Opening statement -- Trial court did not abuse discretion in denying motion for mistrial when plaintiff's counsel stated in opening statement that jurors were the conscience of the community -- Comment was promptly interrupted, curative instruction was offered, comment was not accompanied by request for jury to punish defendant, and outcome does not indicate that jury was under influence of passion, prejudice, or gross mistake -- Voir dire -- Trial court did not abuse discretion in denying defendant's motions for juror interview or new trial on ground that juror failed to disclose the fact that his father had been an alcoholic where there was no clear, direct question requiring juror to disclose that his father had been an alcoholic  Reported at 33 Fla. L. Weekly D235a Courtesy of Florida Law Weekly       Subscriptions (800) 351-0917

 

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