BIRCH EX REL. BIRCH v. ALBERT

No. 3D98-416.

761 So.2d 355 (2000)

Douglas BIRCH, a minor, by and through his next friend, parent and natural guardian, Donna BIRCH and Donna Birch, individually and Basil Birch, individually, Appellants, v. Miguel A. ALBERT, M.D. and Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 12, 2000.


Attorney(s) appearing for the Case

Robert J. Dickman, Coral Gables; Hersch & Talisman, and Patrice A. Talisman, Miami, for appellants.

Baron and Cliff, and Richard Baron, and Nancy J. Cliff, Miami, for appellees.

Before GERSTEN, FLETCHER, and SORONDO, JJ.


GERSTEN, J.

Plaintiffs appeal an order granting a new trial in favor of the defendants in a medical malpractice action based upon juror non-disclosure. The defendants cross appeal claiming a new trial is required because a jury instruction was misleading and based upon improper comments during closing argument. We reverse on the main appeal finding that a new trial is not warranted because the juror's failure to disclose a previously dismissed collection action was...

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