MAERCKS v. BIRCHANSKY

No. 88-540.

549 So.2d 199 (1989)

Ralph MAERCKS, M.D. and Ralph Maercks, M.D., P.A. Appellants, v. Sherri BIRCHANSKY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 11, 1989.


Attorney(s) appearing for the Case

Lee, Schulte, Murphy & Coe and Thomas J. Schulte, Jupiter, for appellants.

Stanley M. Rosenblatt, Susan Rosenblatt and Daniel K. Bandklayder, Miami, for appellee.

Before JORGENSON, COPE and LEVY, JJ.


PER CURIAM.

Ralph Maercks appeals from a jury verdict awarding plaintiff Birchansky $750,000 in compensatory damages in her medical malpractice action against him. Maercks' motion for a new trial, denied by the trial court, alleged that improper argument during closing, and other asserted improprieties by plaintiff's counsel during the trial itself, denied him a fair trial. We agree that Maercks is entitled to a new trial and reverse.

This was a suit for compensatory...

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