SC09-1771 – William Cox, Et Al. v. St. Josephs Hospital, Et Al.

State: Florida

Docket No: SC09-1771

Case Date: 07/07/2011

Preview:Supreme Court of Florida
____________ No. SC09-1771 ____________ WILLIAM COX, et al., Petitioners, vs. ST. JOSEPHS HOSPITAL, et al., Respondents. [July 7, 2011] PARIENTE, J. In this medical malpractice case, the key issue is whether the Second District Court of Appeal impermissibly reweighed the testimony presented by the plaintiffs' expert witness as to whether the conduct of the hospital and emergency room doctor (the defendants) caused William Cox to suffer devastating damages as a result of a stroke. We conclude that by reweighing the evidence, the Second District's decision in St. Joseph's Hospital v. Cox, 14 So. 3d 1124 (Fla. 2d DCA 2009), expressly and directly conflicts with this Court's decisions in Wale v. Barnes, 278 So. 2d 601 (Fla. 1973), and Gooding v. University Hospital Building,

Inc., 445 So. 2d 1015 (Fla. 1984). We have jurisdiction. See art. V,

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