ANN LAURA BULLOCK AND SHEILA BULLOCK, HER MOTHER, APPELLANTS,
v.
MOUNT SINAI HOSPITAL OF GREATER MIAMI, INC., AND SCHINDLER ELEVATOR CORPORATION, APPELLEES
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Ann Laura Bullock, a minor volunteer candy striper at Mount Sinai Hospital, sued for injuries sustained when an elevator failed to level with the floor. The appellate court reversed the trial court's judgment, finding an abuse of discretion in limiting plaintiff's opening statement to five minutes while granting defendants twice that time.
The court reversed the trial judgment, finding an abuse of discretion in limiting plaintiff's opening argument to five minutes given that defendants received twice as much time. The court found no abuse of discretion regarding the limitations on cross-examination, the directed verdict on the independent cause of action, or the refusal to give the requested instruction on lost documents.
[1] A trial court abuses its discretion by limiting a plaintiff's opening statement to five minutes when defendants are given twice that amount of time and present different…
[2] A trial court does not abuse its discretion by limiting cross-examination when the sought-after evidence is cumulative to other evidence already in the record.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We reverse and find an abuse of discretion in the trial court limiting opening argument to five minutes on the plaintiffs part, upon the authority of Maleh v. Florida East Coast Properties, Inc., 491 So.2d 290 (Fla. 3d DCA 1986), particularly in light of the fact that twice as much time for opening was given to the defendants who had different theories of defense.”
Establishes the primary basis for reversal—the disparity in opening statement time allocation.
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Join FLexlaw to unlock all legal intelligenceAnn Laura Bullock was working as a candy striper (volunteer) at Mount Sinai Hospital when she sustained injuries due to an elevator car or cage failin…
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[*739] BARKDULL, Judge.
The appellants brought a negligence action 1 to recover for damages sustained by the minor plaintiff while she was working as a “candy striper” at Mount Sinai Hospital where she sustained injuries because of a failure of an elevator car or cage to level with the floor. Error is urged in the trial court’s limiting plaintiffs opening statement to five miniates and the failure to permit certain cross-examination, the directing of a verdict in favor of Mount Sinai on an independent claim for active negligence and lastly, refusal to give an instruction on an unexplained lost or misplaced document.
We reverse and find an. abuse of discretion in the trial court limiting opening argument to five minutes on the plaintiffs part, upon the authority of Maleh v. Florida East Coast Properties, Inc., 491 So. 2d 290 (Fla. 3d DCA 1986),2 particularly in light of the fact that twice as much time for opening was given to the defendants who had different theories of defense.
Because the matter will have to be retried we comment as follows on the other three points urged for reversal. We find no abuse of discretion in limiting the cross examination. What counsel sought to elicit was merely cumulative to other evidence already in the record. We find no error in the directed verdict on the independent cause of action because no proof of same was offered and the matter was submitted to the jury on the theory of vicarious liability on the part of the hospital. We likewise find no error in the denial of the requested instruction. The facts that would have been disclosed by the lost documents were already in,evidence and the plaintiffs counsel was permitted, at the time of closing argument, to disclose the failure of the hospital to produce the records.
Therefore, for the reasons above stated, the final judgment on the jury’s verdict is reversed and the matter is returned to the trial court for the purpose of a new trial.
Reversed.
. Mount Sinai owned the hospital. Schindler Elevator Corporation was under contract which required it to maintain and repair the elevators in the hospital.
. We note that this case was decided subsequent to the trial in this cause.
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Radio Concepts Int'l v. AETNA Cas. & Sur. Co., 508 So. 2d 1338 (Fla. 3d DCA 1987)…bly err in the exercise of the broad discretion it possesses in conducting the trial, see 55 Fla.Jur.2d Trial § 15 (1984), by limiting the length of both counsels’ opening statements, cf. also, Bullock v. Mount Sinai Hospital of Greater Miami, Inc., 501 So. 2d 738 (Fla. 3d DCA 1987); and (b) conflicting evidence as to whether the plaintiff-putative insured had an insurable interest in the property in question was properly submitted to the jury for resolution. The other issues raised are either mooted by these…
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Cohn v. Bruce Julien, M.D., 574 So. 2d 1202 (Fla. 3d DCA 1991)…4 So. 2d 148 (Fla. 5th DCA 1982), and fifteen minutes for opening statement. Knapp, 550 So. 2d at 1157; Quarrel v. Minervini, 510 So. 2d 977 (Fla. 3d DCA 1987), review denied, 519 So. 2d 987 (Fla.1988); Bullock v. Mount Sinai Hosp. of Greater Miami, 501 So. 2d 738 (Fla. 3d DCA 1987); Maleh v. Florida East Coast Properties, Inc., 491 So. 2d 290 (Fla. 3d DCA 1986).…
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Authorities Cited
- Radin v. Radin, 491 So. 2d 290 (Fla. 3d DCA 1986)
- Maleh v. Fla. E. Coast Props., Inc., 491 So. 2d 290 (Fla. 3d DCA 1986)