KENYON v. MILLER

No. 3D98-3204.

756 So.2d 133 (2000)

Norman KENYON, M.D., Appellant, v. Wilma MILLER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 10, 2000.


Attorney(s) appearing for the Case

Burt E. Redlus, Miami; Cooper & Wolfe, P.A. and Marc Cooper, and Barbara A. Silverman, Miami, for appellant.

Wetherington, Klein & Hubbart and Phillip A. Hubbart, Miami; Tralins and Associates and Myles J. Tralins, Miami, for appellee.

Before GODERICH, GREEN, and RAMIREZ, JJ.


PER CURIAM.

This is an appeal from a final judgment, following a jury verdict in favor of the appellee, Wilma Miller ("Miller"), in a medical malpractice action against the appellant, Norman Kenyon, M.D. ("Dr. Kenyon"). Because we find that it was harmful error for the trial court to give the jury a res ipsa loquitur instruction, in this case, we reverse and remand for a new trial.

Dr. Kenyon operated on Miller to repair an incisional hernia resulting...

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