FRANZEN v. MOGLER

No. 96-2356.

699 So.2d 1026 (1997)

Dirk FRANZEN, M.D. and Dirk Franzen, M.D., P.A., Appellants, v. Henry E. MOGLER and Donna Mogler, individually, and as personal representatives of the Estate of Michael Mogler, deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 22, 1997.


Attorney(s) appearing for the Case

Alyssa Campbell, Ila J. Klion, and Ralph Anderson of Hicks, Anderson & Blum, P.A., Miami, and Bobo, Spicer, Ciotoli, Fulford, Bocchino, DeBevoise and Le Clainche, West Palm Beach, for appellants.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Lake Lytal of Lytal, Reiter, Clark, Sharpe, Fountain, Roca & Williams, P.A., West Palm Beach, for appellees.

Kristy C. Brown of Fisher, Rushmer, Werrenrath, Wack & Dickson, P.A., Orlando, for amicus curiae Florida Defense Lawyers Association.

Claudia B. Greenberg of Grossman and Roth, P.A., Miami, for amicus curiae Academy of Florida Trial Lawyers.


FARMER, Judge.

This case presents only issues identical to those we have today decided in St. Mary's Hospital Inc. v. Phillipe, No. 96-2321, 699 So.2d 1017 (Fla. 4th DCA July 30, 1997). We therefore make the same disposition here. We reverse the award of non-economic damages because we have concluded that the $250,000 limit does not apply to each claimant but, as the statute itself says, to each incident. We affirm on the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases