INDURU SESHADRI, M.D., THE PUBLIC HEALTH TRUST OF DADE COUNTY, D/B/A JACKSON MEMORIAL HOSPITAL AND JACKSON MEMORIAL MEDICAL CENTER AND THE UNIVERSITY OF MIAMI SCHOOL OF MEDICINE, APPELLANTS,
v.
HUNGRIA MORALES, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DORIS MORALES, A MINOR, DECEASED, APPELLEE
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BASKIN, Judge.
Finding no merit in appellants’ contentions, we affirm the Final Judgment insofar as it holds appellants liable for medical malpractice resulting in the wrongful death of appellee’s minor child. We reverse the monetary award and remand for a new trial solely on the question of damages because we find that comments by appellee’s trial counsel concerning the “value of human life” and “value of an innocent baby” constituted error both inappropriate and prejudicial. Erie Insurance Co. v. Bushy, 394 So. 2d 228 (Fla. 5th DCA 1981); Martin v. State Farm Mutual Automobile Insurance Co., 392 So. 2d 11 (Fla. 5th DCA 1980); Eastern Steamship Lines, Inc. v. Martial, 380 So. 2d 1070 (Fla. 3d DCA), cert. denied, 388 So. 2d 1115 (Fla.1980).
Affirmed in part, reversed in part, and remanded for a new trial as to damages only.
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Borden, Inc. v. Young, 479 So. 2d 850 (Fla. 3d DCA 1985)…d that is not prop-er_[e.s.] . See Kendall Skating Centers, Inc. v. Martin, 448 So. 2d. 1137 (Fla. 3d DCA 1984); Russell, Inc. v. Trento, 445 So. 2d 390 (Fla. 3d DCA 1984); Schreier v. Parker, 415 So. 2d 794 (Fla. 3d DCA 1982); Seshadri v. Morales, 412 So. 2d 39 (Fla. 3d DCA 1982); Wright & Ford Millworks, Inc. v. Long 412 So. 2d 892 (Fla. 5th DCA 1982); Erie Ins. Co. v. Bushy, 394 So. 2d 228 (Fla. 5th DCA 1981); Martin v. State Farm Mutual Automobile Ins. Co., 392 So. 2d 11 (Fla. 5th DCA 1980). . Indeed,…
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Russell, Inc. v. Trento, 445 So. 2d 390 (Fla. 3d DCA 1984)…rt, loss of services, and mental pain and suffering from the date of death. Section 768.21, Florida Statutes (1981). However, the value of a human life is not an element of damages and is not a proper subject for final argument. Seshadri v. Morales, 412 So. 2d 39 (Fla. 3d DCA 1982); Erie Insurance Co. v. Bushy, 394 So. 2d 228 (Fla. 5th DCA 1981); Martin v. State Farm Mutual Auto. Insurance Co., 392 So. 2d 11 (Fla. 5th DCA 1980). After reviewing the record, briefs and arguments of counsel in light of the con…
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Pub. Health Tr. OF Dade Cnty. v. Geter, 613 So. 2d 126 (Fla. 3d DCA 1993)…damages. Accordingly, the trial court erred in failing to grant, in part, the defendant’s motions for mistrial and new trial made below based on the above grounds. Russell, Inc. v. Trento, 445 So. 2d 390, 392 (Fla. 3d DCA 1984); Seshadri v. Morales, 412 So. 2d 39 (Fla. 3d DCA 1982); Martin v. State Farm Mut. Auto. Ins. Co., 392 So. 2d 11, 12-13 (Fla. 5th DCA 1980). We find no merit in the balance of the points on appeal raised by the defendant Public Health Trust. Accordingly, (1) the final judgment entere…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Erie Ins. Co. & Margaret Borman v. Bushy, 394 So. 2d 228 (Fla. 5th DCA 1981)
- E. S.S. Lines, Inc. v. Lamy Martial, 380 So. 2d 1070 (Fla. 3d DCA 1980)
- Lyndell Hart v. State, 392 So. 2d 11 (Fla. 5th DCA 1980)