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STATE v. ARNOLD BY & THROUGH BISSONNETTE

No. 94-3215.

670 So.2d 96 (1996)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Florida State Hospital, at Chattahoochee, Appellant/Cross-Appellee, v. Martin L. ARNOLD, An Incompetent, By and Through his Legal Guardian and Sister, Mimi Arnold BISSONNETTE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied April 15, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Craig B. Willis, Assistant Attorney General, Tallahassee, for Appellant/Cross-Appellee.

Tari Rossitto-Van Winkle, Tallahassee, for Appellee/Cross-Appellant.

LAWRENCE, Judge.

The trial court granted Martin L. Arnold (Arnold) a new trial in his tort action against the Florida Department of Health and Rehabilitative Services (HRS). HRS appeals; Arnold cross-appeals. We affirm on appeal, and reverse in part on the cross-appeal.

Arnold sustained serious injuries on April 18, 1989, while a patient in the Florida State Hospital at Chattahoochee, when he was assailed by another patient (AP). Arnold and AP were confined...

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