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HOANG DINH DUONG v. ZIADIE

No. 4D10-1381.

125 So.3d 225 (2013)

HOANG DINH DUONG, M.D., Radiology Associates of Hollywood, P.A., and Truck Insurance Exchange, Appellants, v. Olivia ZIADIE, as plenary guardian of the person and property of Francis Ziadie, incapacitated, Philip Ziadie and Paul Ziadie, Appellees.

District Court of Appeal of Florida, Fourth District.

February 20, 2013.

Attorney(s) appearing for the Case

Mark Hicks , Cindy L. Ebenfeld and Dinah S. Stein of Hicks, Porter, Ebenfeld & Stein, P.A., Cooper City, for appellants Hoang Dinh Duong, M.D. and Radiology Associates of Hollywood, P.A.

Michael C. Rotunno of Marlow Connell Abrams Adler Newman & Lewis, Coral Gables, for appellant Truck Insurance Exchange.

Philip M. Burlington and Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Crane A. Johnstone of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellees.

CONNER, J.

Francis Ziadie suffered brain damage and permanent disability when Dr. Duong punctured his carotid artery during a catheterization procedure. Dr. Duong moved for a new trial after discovering two jurors did not disclose prior litigation experience during jury selection. Our supreme court has established a three-part test for determining whether a juror's nondisclosure of information warrants a new trial. The trial court determined the withheld information...

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