JAMES MCDONOUGH, SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLANT,

v.

KENNETH GARTLEY, APPELLEE

Citator

Cited By

• Pembroke Lakes Mall Ltd. v. McGRUDER, 137 So. 3d 418 (Fla. 4th DCA 2014)
  …d prong of the De La Rosa test concerns juror concealment of the information sought during jury selection. The concealment prong is met when the juror is “squarely asked for” the information and the juror fails to speak the truth.5 Wiggins v. Sadow, 925 So. 2d 1152, 1155 (Fla. 4th DCA 2006). The concealment prong may be met if the juror fails to respond to questions from either the court or the parties. See Taylor v. Magana, 911 So. 2d 1263, 1270 (Fla. 4th DCA 2005). The nondisclosure need not be intentional t…
• Lawnwood Med. Ctr. Inc. v. Samuel H. Sadow, M.D., 43 So. 3d 710 (Fla. 4th DCA 2010)
  …ecutive Committee shall consist of the officers of the Medical Staff, the Chairman of the Departments of Medicine and Surgery, four (4) members elected at large from the Active Staff, and the Past President of the Medical Staff." .Wiggins v. Sadow, 925 So. 2d 1152 (Fla. 4th DCA 2006) (jury verdict in favor of surgeon in medical malpractice action not against manifest weight of evidence requiring new trial; case simply presented disputed issues of fact resolved by jury; surgeon lacerated patient's renal vein d…
• Gamsen v. State Farm Fire & Cas. Co. & Murray Katsen, 68 So. 3d 290 (Fla. 4th DCA 2011)
  …of litigation matters by Jurors One and Two. The court denied the motion in all other respects. “A trial court’s order on a motion for new trial grounded on juror concealment of information is reviewed for an abuse of discretion.” Wiggins v. Sadow, 925 So. 2d 1152, 1154 (Fla. 4th DCA 2006). The premier case on juror nondisclosure is De La Rosa v. Zequeira, 659 So. 2d 239 (Fla.1995). There, our supreme court reiterated the three-part test used to evaluate juror nondisclosure in the context of a motion for new…