BLOCH v. ADDIS

No. 85-1172.

493 So.2d 539 (1986)

Edward J. BLOCH, M.D., Appellant, v. Kersten Watson ADDIS, Appellee.

District Court of Appeal of Florida, Third District.

September 9, 1986.


Attorney(s) appearing for the Case

Lanza, Sevier & O'Connor, Coral Gables, Daniels & Hicks and Ralph O. Anderson, Miami, for appellant.

Horton, Perse & Ginsberg and Edward A. Perse, Herbert W. Virgin, Miami, for appellee.

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


DANIEL S. PEARSON, Judge.

In this medical malpractice action, we find fundamental error because the clearly improper final argument of the attorney for the plaintiff did so insidiously divert the jury from its duty to decide the question properly before it — that is, whether the defendant doctor was guilty of negligence which caused nerve damage to the plaintiff's wrist — that it is far more likely that the jury decided that, negligence or injury aside...

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