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LEAVITT v. KROGEN

No. 3D98-3233.

752 So.2d 730 (2000)

Roger K. LEAVITT, Appellant, v. Theresa J. KROGEN, Appellee.

District Court of Appeal of Florida, Third District.

March 29, 2000.

Attorney(s) appearing for the Case

Kubicki Draper and Caryn Bellus-Lewis, Miami, for appellant.

Roy D. Wasson; John F. Eversole, Miami, for appellee.

Before JORGENSON, COPE, and FLETCHER, JJ.

JORGENSON, J.

The defendant in a medical malpractice action appeals from the granting of a motion for a new trial based on juror misconduct. The trial court granted a new trial as mandated by Wilcox v. Dulcom, 690 So.2d 1365 (Fla. 3d DCA 1997). For the following reasons, we reverse.

Theresa Krogen alleged that her husband passed away due to Dr. Roger Leavitt's medical negligence in failing to diagnose and treat a...

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