Sandra HEBERLING, As Personal Representative of the Estate of Latisha Heberling, Deceased, Appellant/Cross Appellee,
v.
Joel FLEISHER, M.D., Philip C. Weimer, M.D. & P.A., Stephen Z. Gervin, M.D. and Stephen Z. Gervin, M.D., P.A., Appellees/Cross Appellants, and
Gateway Hospital Corporation D/B/a Pembroke Pines General Hospital and the Florida Patients' Compensation Fund, Appellees.
District Court of Appeal of Florida, Fourth District.https://leagle.com/images/logo.png
May 30, 1990.
Rehearing and Certification Denied August 3, 1990.
Attorney(s) appearing for the Case
Larry Klein and Barbara J. Compiani of Klein & Walsh, P.A., West Palm Beach, and Howard Barwick of Barwick, Dillian, Lambert & Angel, P.A., Miami Shores, for appellant/cross appellee.
Rhea P. Grossman of Rhea P. Grossman, P.A., Miami, and Lanza, O'Connor, Armstrong, Sinclair & Tunstall, P.A., Coral Gables, for appellee/cross appellant-Joel Fleisher, M.D.
Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellee/cross appellant-Philip C. Weimer, M.D. & P.A.
Alan D. Sackrin of Klein & Tannen, P.A., North Miami Beach, for appellee/cross appellant-Stephen Z. Gervin, M.D. & P.A.
Jay Cohen of Atkinson, Jenne, Diner, Stone & Cohen, Hollywood, for appellee-Florida Patients' Compensation Fund.
Christopher Lynch of Adams, Hunter, Angones, Adams, Adams & McClure, Miami, for appellee-Pembroke Pines Gen. Hosp.
District Court of Appeal of Florida, Fourth District.
LETTS, Judge.
During a medical malpractice jury trial, which resulted in a defense verdict, the court below denied the plaintiff's request to call a neurosurgeon as a rebuttal witness. We reverse. We also hold that the admission of evidence as to the deceased plaintiff's blood alcohol level was, likewise, error.
The defense theory was that the deceased sustained irreversible and inevitably fatal head injuries, regardless...
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