Public Health Trust of Miami-Dade County v. Acanda
Docket: No. 3D07-3314
Court: District Court of Appeal of Florida; September 2, 2009; Florida; State Appellate Court
The Public Health Trust of Miami-Dade County, governing Jackson Memorial Hospital, appeals a judgment holding the hospital liable for the death of premature infant Ryan Rodriguez and an order denying motions for mistrial, directed verdict, judgment notwithstanding the verdict, and new trial. The case involved Ryan's mother, Odette Acanda, who sought damages for medical negligence after Ryan died five days post-delivery due to infection. During trial, confusion arose regarding whether the plaintiff had rested their case. The Trust argued that the plaintiff failed to properly serve notice under Section 768.28(7), Fla. Stat. 1990, but by the next morning, the plaintiff's counsel had filed the necessary proof of service. The jury ultimately found the Trust 100% at fault. The court upheld the plaintiff's position, noting that the requirements of service had been met and that the plaintiff had not definitively rested when the Trust moved for a directed verdict. The ruling emphasizes that procedural violations regarding the timing of motions can only be addressed before a case is fully presented.
In Metro. Dade County v. Braude, the court determined that service was untimely when executed twenty-three days post-trial and thirteen days after judgment. Miami-Dade County v. Meyers established that if no process is served on the Department of Insurance, the County retains immunity from lawsuits. Williams v. Miami-Dade County reiterated that failing to comply with service requirements under section 768.28(7) is detrimental to the action.
A motion for directed verdict allows a party to present evidence if the motion is denied, with the denial not discharging the jury. Specific grounds for such a motion must be stated, and the order for a directed verdict is effective without jury consent. The court affirmed the trial court's ruling, finding no abuse of discretion.
Section 768.28 outlines the waiver of sovereign immunity in tort cases, requiring service on the agency head and, except for certain entities, the Department of Financial Services, which has thirty days to respond. The plaintiff alleged compliance with statutory requirements, while the Trust denied service conformity with section 768.28(7) and sought dismissal, raising the issue only during the trial's directed verdict motion.
Additionally, Florida Rule of Civil Procedure 1.480 and case law assert that a directed verdict motion cannot be made until the plaintiff's evidence is fully presented, as moving prematurely would violate due process.
