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CHESS v. WRIGHT

No. 91-1830.

602 So.2d 673 (1992)

Steven N. CHESS, D.C., David S. CHESS, D.C., and the Chess Chiropractic Clinic, a Florida Corporation, Appellants, v. Mary M. WRIGHT and Ronald Wright, her husband, Appellees.

District Court of Appeal of Florida, Fourth District.

July 15, 1992.

Attorney(s) appearing for the Case

Arthur J. England, Jr., Charles M. Auslander and Andrew L. Salvage of Fine Jacobson Schwartz Nash Block & England, Miami, for appellants.

William DeForest Thompson of Thompson & Thompson, P.A., Fort Lauderdale, and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellees.

PER CURIAM.

This is an appeal from a final judgment for the plaintiffs, Mary M. Wright and Ronald Wright, in a medical malpractice action. The defendants claim error in the trial court's decision not to submit the issue of comparative negligence to the jury. We agree and reverse.

In addition to denying negligence in their care of Mary Wright, the defendants alleged that Mrs. Wright was comparatively negligent in not following medical advice to have surgery...

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