PIPER v. MOORE

No. 80-1647.

410 So.2d 646 (1982)

Robert C. PIPER, M.D., Appellant, v. Richard MOORE, As Personal Representative of the Estate of Harriet J. Moore, Deceased and Richard Moore, Individually, Appellee.

District Court of Appeal of Florida, Third District.

March 9, 1982.


Attorney(s) appearing for the Case

Stephens, Lynn, Chernay & Klein and Robert M. Klein, Miami, for appellant.

Cohen & Cohen, Miami Beach, Greene & Cooper and Joan M. Bolotin, Miami, for appellee.

Before SCHWARTZ, DANIEL S. PEARSON and JORGENSON, JJ.


SCHWARTZ, Judge.

The jury found that the appellant-physician had negligently and improperly diagnosed and treated the plaintiff's wife, resulting in her death. At the trial, the defendant contended that the decedent had been guilty of comparative negligence in not seeking medical attention at an earlier state of her illness. After the verdict, the trial court set aside a finding of 25% comparative negligence and entered judgment for the full amount of the damages...

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