VAN SICKLE v. ZIMMER

No. 2D00-4925.

807 So.2d 182 (2002)

Carolyne VAN SICKLE, as Personal Representative of the Estate of Janet Van Sickle, and as next friend of the minor children, James Van Sickle and Mark Van Sickle, Appellant, v. James F. ZIMMER, M.D. and Radiology Consultants, P.A., Appellees.

District Court of Appeal of Florida, Second District.

February 15, 2002.


Attorney(s) appearing for the Case

James B. Tilghman, Jr. and Gary D. Fox of Stewart, Tilghman, Fox & Bianchi, P.A., Miami, for Appellant.

Brendan M. Lee, Stephen H. Sears, and Mark E. McLaughlin of MacFarlane, Ferguson & McMullen, Tampa, for Appellees.


SILBERMAN, Judge.

Carolyne Van Sickle, as the personal representative of her daughter's estate, appeals from an adverse jury verdict and the trial court's denial of her motion for a new trial. She argues that the trial court erred by not allowing her to backstrike a prospective juror before the jury was sworn. We agree and reverse.

Van Sickle's daughter, Janet, commenced a lawsuit for medical malpractice and personal injuries arising from treatment that was...

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