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MILLER v. COONEY

No. 81-524.

416 So.2d 1196 (1982)

Wallace E. MILLER, M.D., Appellant, v. Marion COONEY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 4, 1982.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Powers, Flick & Hoehl and Todd A. Cowart, Miami, for appellant.

Sams, Gerstein & Ward, Greene & Cooper and Joan M. Bolotin and Marc Cooper, Miami, for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

PER CURIAM.

Refusing to admit into evidence in defense of a medical malpractice case an alleged admission of the plaintiff that he removed certain surgical apparatus contrary to his physician's advice, was not reversible error.

First, the admission in part was merely cumulative, and second, it was immaterial as to the time of the alleged comparative negligence on the part of the patient. Perrett v. Seaboard Coast Line Railroad Company,

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