SAYIH v. PERLMUTTER

Nos. 88-1549, 88-2122.

561 So.2d 309 (1990)

James SAYIH, Appellant, v. Irwin PERLMUTTER, M.D., and Perlmutter, Dooley and Morrison Neurosurgical Associates, P.A., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 13, 1990.


Attorney(s) appearing for the Case

Freshman, Freshman & Traitz, Miami, Hershoff, Levy & Swartz and Jay M. Levy, Miami, for appellant.

Lanza, O'Connor, Armstrong, Sinclair & Tunstall, Coral Gables, and Rhea P. Grossman, Miami, for appellees.

Before HUBBART, FERGUSON and GERSTEN, JJ.


FERGUSON, Judge.

The main question presented is whether the trial court committed reversible error in failing to grant a new trial where the jury was permitted to consider extraneous exhibits erroneously included in materials sent to the jury room.

James Sayih, the plaintiff-appellant, brought this medical malpractice action against Dr. Irwin Perlmutter, a neurosurgeon, alleging, inter alia, an inaccurate neurological diagnosis involving an elbow fracture...

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