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ELDER v. FARULLA

No. 2D99-2770.

768 So.2d 1152 (2000)

Mary ELDER, individually, and as Parent and Natural Guardian of Ethan Elder, a minor, Appellant, v. Carmella FARULLA, M.D., individually; Carmella Farulla, M.D., as Agent and Servant of Vaicitis, Schorr & Richards, M.D., P.A., d/b/a Diagnostic Clinic; Christine J. Norton, as Personal Representative of the Estate of Frances Brendan Norton, M.D., Deceased; and Norton Medical Associates, P.A., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 18, 2000.

Attorney(s) appearing for the Case

Kenneth W. Mastrilli of Personal Injury Law Center, Tampa, and Raymond T. Elligett, Jr., of Schropp, Buell & Elligett, P.A., Tampa, for Appellant.

Kenneth C. Deacon of Deacon & Moulds, P.A., St. Petersburg, for Christine J. Norton, as personal representative of the estate of Frances B. Norton and Norton Medical Associates, P.A.

Susan W. Fox and Brendan M. Lee of MacFarlane Ferguson & McMullen, Tampa, for Carmella Farulla, M.D., individually; and Carmella Farulla, M.D., as agent and servant of Vaicitis, Schorr & Richards M.D., P.A., d/b/a Diagnostic Clinic.

PARKER, Acting Chief Judge.

In this medical malpractice case, Mary Elder challenges the trial court's order granting a judgment notwithstanding the verdict and, in the alternative, a new trial following a jury verdict in Elder's favor. We reverse and remand for a new trial.

In January 1989 Elder sought treatment from Dr. Norton, her family physician, complaining of nausea over the past three days. Dr. Norton diagnosed...

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