WOODROW PAYTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Borghese v. Bartley, 402 So. 2d 475 (Fla. 1st DCA 1981)
  …ble in medical malpractice cases where the patient was in the exclusive control of the hospital and/or treating physician and received injuries unrelated to his treatment, which would not normally occur in the absence of negligence. Troupe v. Evans, 366 So. 2d 139 (Fla. 1st DCA 1979), cert. denied, 378 So. 2d 343; Goodyear Tire and Rubber Co. v. Hughes Supply Co., Inc., 358 So. 2d 1339 (Fla.1978). But a physician’s “unskillfulness in diagnosis or negligence in treatment would not be inferred from the fact tha…
• Barclay v. Tranquilino Rivero and Laura Rivero, 388 So. 2d 321 (Fla. 3d DCA 1980)
  …llants cannot contend that Gregory’s non-appearance on April 17 was a surprise. A letter from Gregory to their counsel states that at counsel’s request Gregory “set aside time to appear at a court hearing on April 16, 1979.” Compare Troupe v. Evans, 366 So. 2d 139 (Fla. 1st DCA 1979) (where the plaintiffs expert witness had erroneously diaried the trial date). . At the outset of the trial, counsel stated that Gregory was scheduled for surgery at 1:30 p. m. that day. That statement belies his later representa…
• Barber v. Manatee Mem'l Hosp. (Fla. 2d DCA 2024)
  …dant is the probable actor"). When a plaintiff meets that burden, "the doctrine of res ipsa loquitur is applicable, and the issue of the hospital's negligence should be submitted to the jury" with the proper jury instruction. See Troupe v. Evans, 366 So. 2d 139, 140-41 (Fla. 1st DCA 1979) (citing Webb, 52 So. 2d 803). Specific to medical negligence cases like the instant one, a plaintiff must present evidence from which a jury could conclude "that the injury was unrelated to the surgical procedure or other…

Authorities Cited

• State v. Jones, 327 So. 2d 18 (Fla. 1976)