GILLS v. ANGELIS

Nos. 74-1126, 74-1127.

312 So.2d 536 (1975)

James P. GILLS, M.D. and Shelby Mutual Insurance Company, a Foreign Corporation, Appellants, v. Peter C. ANGELIS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 4, 1975.


Attorney(s) appearing for the Case

Raymond J. Dwyer of Carey, Dwyer, Austin, Cole & Selwood, Miami; Donald R. Powers of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg; and Worth T. Blackwell of Blackwell, Sharman & Mascara, St. Petersburg, for appellants.

Michael J. Freedman of Levine, Freedman & Hirsch, Tampa, for appellee.


GRIMES, Judge.

During the trial of this malpractice action defendants read the deposition of Dr. Deal into evidence. After the jury returned with a verdict for the defendants it was discovered that the deposition had been mistakenly carried into the jury room along with the exhibits. The court granted the plaintiff's motion for a new trial, expressing the view that Dr. Deal's testimony was important and that the plaintiff had been prejudiced as a result of the jurors...

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