PUB. HEALTH TRUST, DADE CTY. v. Geter
Docket: 92-161, 92-184
Court: District Court of Appeal of Florida; February 1, 1993; Florida; State Appellate Court
In the case of Public Health Trust of Dade County v. Freddie Mae Geter, the District Court of Appeal of Florida addressed two appeals stemming from a medical malpractice trial. The Public Health Trust appealed a jury verdict against it, while Freddie Mae Geter, as the personal representative of the deceased Fredericka Geter's estate, appealed a directed verdict in favor of the University of Miami. The court upheld the directed verdict for the University of Miami, determining that there was no evidence to support a claim of vicarious liability, as Dr. Saunders was acting solely as an employee of the Public Health Trust during the incident in question. Consequently, the University could not be held liable under the doctrine of respondeat superior. Regarding the Public Health Trust's appeal, the court found that comments made by the plaintiff's counsel during closing arguments, which compared the monetary value of the deceased's life to expensive items such as a Boeing 747 and a SCUD missile, were improper and prejudicial. This led to the conclusion that the Public Health Trust did not receive a fair trial on the issue of damages. As a result, the court affirmed the judgment in favor of the University of Miami and reversed the judgment against the Public Health Trust, remanding the case for a new trial solely on the issue of damages.