JOAN K. BENIGNO, APPELLANT,
v.
CYPRESS COMMUNITY HOSPITAL, INC., APPELLEE
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In this medical malpractice/wrongful death case, the court affirmed a jury verdict for the hospital defendant after the trial court denied plaintiff's request for a res ipsa loquitur instruction. The court held that the instruction was properly denied because plaintiff presented substantial direct evidence regarding the hospital's alleged negligence and failed to establish the essential elements of the doctrine.
The trial court properly denied the res ipsa loquitur instruction because plaintiff presented substantial direct testimony regarding the hospital's alleged negligence and failed to establish the essential elements of the doctrine. The jury's verdict of no liability was well supported by the evidence, particularly given the weakness of evidence establishing causal connection between the fall and death.
[1] Res ipsa loquitur applies when direct evidence of negligence is unavailable due to the unusual circumstances of the incident.
[2] A plaintiff must establish the essential elements of res ipsa loquitur and demonstrate a lack of available evidence pertaining to the occurrence for the doctrine to apply…
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Join FLexlaw to unlock all legal intelligence“when direct evidence of negligence is unavailable to the plaintiff due to the unusual circumstances of the injuring incident”
This quote establishes the foundational requirement for application of the res ipsa loquitur doctrine.
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Join FLexlaw to unlock all legal intelligenceMr. Benigno, a stroke victim recovering from surgery at Cypress Community Hospital, fell from a chair in which he had been placed by hospital staff pu…
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BERANEK, Judge.
Plaintiff appeals from a final judgment after jury verdict in a medical malpractice/wrongful death action against a hospital/health care provider. We affirm.
Plaintiff’s husband, a stroke victim, was hospitalized in defendant, Cypress Community Hospital, Inc. While recovering from surgery, Mr. Benigno fell from a chair in which he had been placed by a hospital employee pursuant to his doctor’s orders. A restraining device had been used to secure him in the chair. Several days later, Mr. Benigno died from a pulmonary embolism. Mrs. Benigno sued the hospital asserting that the fall caused her husband’s death and that the hospital was negligent. The trial court denied plaintiff’s request for an instruction on res ipsa loquitur and submitted the case to the jury on the issues of defendant’s negligence and causation. The jury returned a verdict for defendant.
Plaintiff argues on appeal that the trial court erroneously denied her requested jury instruction on res ipsa loquitur. The doctrine of res ipsa loquitur applies, “. . . when direct evidence of negligence is unavailable to the plaintiff due to the unusual circumstances of the injuring incident.” Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So. 2d 1339, 1341 (Fla. 1978). Plaintiff herein failed to establish the essential elements of the doctrine1 and to demonstrate a lack of available evidence pertaining to the occurrence. In fact, contrary to application of the doctrine, plaintiff presented substantial direct testimony regarding the defendant’s alleged negligence in placing decedent in the chair. In attempting to prove the hospital’s negligence, plaintiff introduced the testimony of numerous experts, the hospital personnel, and the doctors and nurses involved in decedent’s care. We conclude this was not a proper case for a res ipsa loquitur instruction.
We further conclude that the jury’s verdict of no liability is well supported by the evidence and that the plaintiff has failed to demonstrate reversible error. The evidence tending to show any causal connection between the fall and the eventual death was extremely weak. Furthermore, at no point during the proceeding did plaintiff seek to separate the issues of negligence and causation. Even if we assume that the hospital was negligent in allowing decedent to fall from the chair, plaintiff does not seek recovery for the direct trauma of the fall. There was barely enough evidence to take the case to the jury on the issue of causal connection between the fall and the death, and the verdict was definitely not against the weight of the evidence.
Plaintiff has failed to demonstrate that the absence of a res ipsa loquitur instruction was error or that the jury’s verdict was otherwise improper. Final judgment below is, therefore, affirmed.
AFFIRMED.
GLICKSTEIN, J., and SIMONS, STUART M., Associate Judge, concur. . Plaintiff must prove two elements for application of the doctrine:
(1) The instrumentality involved was under the exclusive control of the defendant. (2) The accident is one that would not have occurred without negligence on the part of the one in control. Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., supra, 1341-1342.
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Metro. Dade Cnty. v. Anne ST. Claire and Douglas St. Claire, 445 So. 2d 614 (Fla. 3d DCA 1984)…f negligence and cause of injury discoverable and provable at trial); Frash v. Sarres, 60 So. 2d 924 (Fla.1952) (same); Ploetz v. Big Discount Panel Center, Inc., 402 So. 2d 64 (Fla. 4th DCA 1981) (same); Benigno v. Cypress Community Hospital, Inc., 386 So. 2d 1303 (Fla. 4th DCA 1980) (same). Therefore, at least one requisite element of the doctrine of res ipsa loquitur was not satisfied, and accordingly, the plaintiff was not entitled to the benefit of the instruction. St. Claire contends, however, that ther…
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Eppie Keyes v. Tallahassee Mem'l Reg'l Med. Ctr., 579 So. 2d 201 (Fla. 1st DCA 1991)…e plaintiff presented substantial evidence through the testimony of lay and expert witnesses from which the jury could have found negligence unaided by the inference afforded by the res ipsa doctrine. See Benigno v. Cypress Community Hospital, Inc., 386 So. 2d 1303 (Fla. 4th DCA 1980).1 Res ipsa being a doctrine of “extremely limited applicability,” Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla.1978) and Otis Elevator Company v. Chambliss, 511 So. 2d 412 (Fla. 1st DCA 1987), I can fin…
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Ploetz v. BIG Disc. Panel Ctr., Inc., 402 So. 2d 64 (Fla. 4th DCA 1981)…, were stacked approximately half in and half out of the premises and that they had moved forward and backward twice before falling. Accordingly, the trial court properly denied the requested instruction. Benigno v. Cypress Community Hospital, Inc., 386 So. 2d 1303, 1304 (Fla. 4th DCA 1980). AFFIRMED.. MOORE and BERANEK, JJ., concur.…
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- Goodyear Tire & Rubber Co. & Travelers Ins. Co. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla. 1978)