HEALTHSOUTH SPORTS MED. & REHAB v. ROARK

No. 97-3437.

723 So.2d 314 (1998)

HEALTHSOUTH SPORTS MEDICINE AND REHABILITATION CENTER OF BOCA RATON, INC. and Nadine Queen, Appellants, v. Donald ROARK and Claudia Roark, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 5, 1999.


Attorney(s) appearing for the Case

Linda R. Spaulding and Vanessa A. Reynolds of Conrad & Scherer, Fort Lauderdale, for appellants.

R. Fred Lewis of Kuvin, Lewis, Restani & Stettin, P.A., Miami, for appellees.


KLEIN, J.

Appellants, defendants in a medical malpractice case, appeal a judgment in favor of plaintiffs. They raise two issues: whether the plaintiff could be comparatively negligent for failing to stop smoking so that his wound would heal and, whether an undisclosed witness should have been allowed to testify as an "authorized representative" of a party.

Appellee Donald Roark (plaintiff) broke his ankle, and Dr. Purita operated, utilizing a metal plate and...

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