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CRUZ v. PLASENCIA

No. 3D99-1783.

778 So.2d 458 (2001)

Martha CRUZ, et al., Appellants, v. Gustavo PLASENCIA, M.D., Appellee.

District Court of Appeal of Florida, Third District.

February 14, 2001.

Attorney(s) appearing for the Case

Deutsch & Blumberg and James C. Blecke, Miami, for appellants.

Kubicki Draper and Caryn Bellus-Lewis and Daniel Draper, Miami, for appellee.

Before LEVY, FLETCHER, and RAMIREZ, JJ.

LEVY, Judge.

Martha Cruz ("Personal Representative") appeals the entry of Final Judgment in favor of Dr. Gustavo Plasencia in a medical malpractice action after a jury trial, alleging that the trial court erred in refusing to give Florida Standard Jury Instruction 5.1(b) on concurrent causation. We agree and reverse for a new trial.

Marta Godoy ("the decedent") suffered from diverticulosis, a condition affecting...

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