1. Home
  2. Browse Decisions
  3. So.2d
  4. 778 So.2d
  5. 778 So.2d 381 (2001)
 

WILBUR v. HIGHTOWER

Nos. 4D00-1175, 4D00-1176, 4D00-1194, and 4D00-1195.

778 So.2d 381 (2001)

Nila WILBUR, M.D.; Gardens Radiology Associates, P.A.; Richard Sarner, M.D.; Derek P. Brock, M.D.; Derek P. Brock, M.D., P.A.; Jaime Zighelboim, M.D.; Mitchell S. Flaxman, M.D.; and Koerner, Taub & Flaxman, M.D., P.A., Appellants, v. Calvin HIGHTOWER, Personal Representative of the Estate of Barbara Hightower, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 16, 2001.

Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and Roy R. Watson of Adams, Coogler, Watson, Merkel, Barry & Kellner, West Palm Beach, for appellants Wilbur and Gardens Radiology.

William T. Viergever and Michael S. Smith of Sonneborn, Rutter, Cooney, Klingensmith & Eyler, P.A., West Palm Beach, for appellant Sarner.

Scott Michaud of Michaud Buschmann Fox Ferrara & Mittelmark, for appellant Brock.

Dinah S. Stein and Mark Hicks of Hicks, Anderson & Kneale, P.A., Miami, for appellants Zighelboim, Flaxman and Koerner, Taub & Flaxman.

Jane Kreusler-Walsh and Rebecca J. Mercier of Jane Kreusler-Walsh, P.A., West Palm Beach, and Theodore Babbitt and Joseph R. Johnson of Babbitt, Johnson & Osborne, P.A., West Palm Beach, for appellee.

FARMER, J.

In this medical malpractice action, a jury found five doctors negligent and awarded damages of more than $2.4 million. The trial court ordered a new trial on damages based on two widely separated comments made by plaintiff's counsel during closing argument. The trial judge's only stated reason was that the comments were "so egregious that they constitute fundamental error." Defendants argue on appeal that the comments warrant a new trial on liability as...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases