MARGARET J. BARABAS AND PAUL BARABAS, HER HUSBAND, APPELLANTS,
v.
ALIRIO ROJAS, M.D., AND ALIRIO ROJAS, M.D., P.A., APPELLEES
MARGARET J. BARABAS AND PAUL BARABAS, HER HUSBAND, APPELLANTS,
ALIRIO ROJAS, M.D., AND ALIRIO ROJAS, M.D., P.A., APPELLEES
481 So. 2d 1003
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We hold, under the facts of this case, that it was reversible error for the trial court to refuse to give the jury the charge on concurrent causes as found in Standard Jury Instruction 5.1(b). Tilley v. Broward Hospital District, 458 So. 2d 817 (Fla. 4th DCA 1984); Higgins v. Johnson, 434 So. 2d 976 (Fla. 2d DCA 1983) and Goodman v. Becker, 430 So. 2d 560 (Fla. 3d DCA 1983). The remaining appellate points are without merit.
We reverse and remand for a new trial.
DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Zigman v. Robert E. Cline, M.D., 664 So. 2d 968 (Fla. 4th DCA 1995)…la. 1990) (concurring cause instruction need not be given where evidence fails to indicate that preexisting injury is related to subsequent event). Without a concurring cause charge, the jury was inadequately instructed. See Banks; Barabas v. Rojas, 481 So. 2d 1003 (Fla. 4th DCA 1986). The jury, faced with a man who would not be living were it not for Dr. Cline’s actions, was forced into an all-or-nothing decision. If instructed that more than one cause could have contributed to Mr. Zigman’s tragic plight, the…
-
Jerri Taletha Holman v. Mark N. Goldschmidt, M.D., 550 So. 2d 499 (Fla. 1st DCA 1989)…e of such abuse was not admissible, thus removing this issue from consideration by the jury. For other decisions applying the concurring cause rule in similar circumstances, see Borges v. Jacobs, 483 So. 2d 773 (Fla. 3d DCA 1986); Barabas v. Rojas, 481 So. 2d 1003 (Fla. 4th DCA 1986). All of these decisions recognize that a concurring cause instruction is required when the defendant’s alleged negligence acts in combination with the plaintiff’s ongoing medical condition to cause the resulting injury upon which…
Authorities Cited
- Tilley v. Broward Hosp. Dist., 458 So. 2d 817 (Fla. 4th DCA 1984)
- Goodman v. Melvin Becker, D.D.S., 430 So. 2d 560 (Fla. 3d DCA 1983)
- Higgins v. Johnson, 434 So. 2d 976 (Fla. 2d DCA 1983)