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FISHER v. SMITHSON

No. 4D02-1946.

839 So.2d 788 (2003)

Richard FISHER, M.D., Appellant, v. Claudia SMITHSON, John Smithson and Eric Smithson, a minor, by Claudia Smithson and John Smithson, as natural guardians and next of kin, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 25, 2003.

Attorney(s) appearing for the Case

Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellant.

Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, LLP, West Palm Beach, for appellees.

STEVENSON, J.

This appeal involves the issue of whether the trial judge abused her discretion in granting the plaintiffs' motion for new trial based on the trial judge's conclusion that the jury's verdict was contrary to the weight of the evidence. The primary liability issue at trial centered around whether the defendant, Dr. Fisher, should have recognized that Claudia Smithson's symptoms were related to a cardiac condition and ordered testing and treatment therefor...

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