DERRICK WEBSTER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MERRITA WEBSTER VS SHELLEY C. GLOVER, M.D., SOUTH LAKE HOSPITAL, INC., INTUITIVE SURGICAL, INC., INDEPENDENT CLINICAL LABORATORIES, INC. D/B/A TAMPA PATHOLOGY LABORATORY AND JOSE

v.

SUAREZ-HOYOS, M.D.

Fla. 5th DCA | 2020-05-15

No. 19-0730

Singeltary, J., Harris, J., Grosshans, J., Traver, J.

Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court does not abuse its discretion in refusing to order a new trial based on closing argument tactics unless those arguments so damaged the fairness of the trial as to require a new trial.

Headnotes

[1] A trial court does not abuse its discretion in denying a motion for new trial based on closing argument tactics unless those arguments so damaged the fairness of the tria…

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Key Quotes

“We strongly disapprove of the tactics used during [Appellee's] closing argument. We find, however, that the trial court did not abuse its discretion by refusing to order a new trial.”
Court's analysis of whether improper closing arguments warranted a new trial

Facts & Procedural History

Merrita Webster died, and her personal representative brought a medical malpractice action against multiple defendants including Dr. Shelley C. Glover…

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Topics

New Trial Standard Medical Malpractice Wrongful Death Abuse Of Discretion

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Opinion of the Court

Traver

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DERRICK WEBSTER, AS PERSONAL

REPRESENTATIVE OF THE ESTATE

OF MERRITA WEBSTER,

Appellant,

v. Case No. 5D19-730

SHELLEY C. GLOVER, M.D., SOUTH LAKE

HOSPITAL, INC., INTUITIVE SURGICAL, INC.,

INDEPENDENT CLINICAL LABORATORIES, INC.

D/B/A TAMPA PATHOLOGY LABORATORY AND

JOSE V. SUAREZ-HOYOS, M.D.,

Appellees.

________________________________/

Opinion filed May 15, 2020

Appeal from the Circuit Court for Lake County,

G. Richard Singeltary, Judge.

Christopher V. Carlyle, of The Carlyle Appellate Law Firm, Orlando, for Appellant.

Jason M. Azzarone, Louis J. La Cava, and James D. Wetzel, of La Cava & Jacobson, P.A., Tampa, for Appellee Shelley C. Glover, M.D. No Appearance for other Appellees.

PER CURIAM.

HARRIS, GROSSHANS and TRAVER, JJ., concur.

Footnotes

2 AFFIRMED. See Health First, Inc. v. Cataldo, 92 So. 3d 859, 869 (Fla. 5th DCA 2012) (“We strongly disapprove of the tactics used during [Appellee’s] closing argument. We find, however, that the trial court did not abuse its discretion by refusing to order a new trial. We cannot say under Murphy’s fourth prong that the arguments ‘so damaged the fairness’ of the trial as to require a new trial.” (quoting Murphy v. Int’l Robotic Sys., Inc., 766 So. 2d 1010, 1030 (Fla. 2000))).

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Citator

Authorities Cited

Murphy v. Int'l Robotic Sys., Inc., 766 So. 2d 1010 (Fla. 2000)
Oreste Dorrielan v. State, 92 So. 3d 859 (Fla. 5th DCA 2012)

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DERRICK WEBSTER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MERRITA WEBSTER VS SHELLEY C. GLOVER, M.D., SOUTH LAKE HOSPITAL, INC., INTUITIVE SURGICAL, INC., INDEPENDENT CLINICAL LABORATORIES, INC. D/B/A TAMPA PATHOLOGY LABORATORY AND JOSE v. SUAREZ-HOYOS, M.D.