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Burns v. Medical Center Hospital of Largo

Citations: 544 So. 2d 1059; 14 Fla. L. Weekly 1353; 1989 Fla. App. LEXIS 3108Docket: No. 88-02048

Court: District Court of Appeal of Florida; June 2, 1989; Florida; State Appellate Court

Narrative Opinion Summary

The appellants, Mr. and Mrs. Burns, challenge a directed verdict favoring the defendants in their medical malpractice case. The trial court granted the defendants' motions for a directed verdict at the conclusion of the appellants' case-in-chief. A review of the record, particularly the testimony of the appellants' expert witness, Dr. Bussey, revealed that the appellants did not establish a prima facie case of negligence, including under res ipsa loquitur principles as outlined in prior cases, such as Marrero v. Goldsmith and Gooding v. University Hosp. Bldg. Inc. The appellate court affirms the trial court's decision, with all judges concurring.

Legal Issues Addressed

Appellate Review of Directed Verdicts

Application: The appellate court affirmed the trial court's decision to grant a directed verdict, indicating concurrence with the lower court's assessment of the evidence presented.

Reasoning: The appellate court affirms the trial court's decision, with all judges concurring.

Application of Res Ipsa Loquitur in Negligence Claims

Application: The appellants were unable to successfully invoke the doctrine of res ipsa loquitur to establish negligence, as informed by precedents such as Marrero v. Goldsmith and Gooding v. University Hosp. Bldg. Inc.

Reasoning: The appellants did not establish a prima facie case of negligence, including under res ipsa loquitur principles as outlined in prior cases, such as Marrero v. Goldsmith and Gooding v. University Hosp. Bldg. Inc.

Directed Verdict Standard in Medical Malpractice Cases

Application: The trial court granted a directed verdict for the defendants after concluding that the plaintiffs failed to establish a prima facie case of negligence during their case-in-chief.

Reasoning: The trial court granted the defendants' motions for a directed verdict at the conclusion of the appellants' case-in-chief.

Prima Facie Case of Negligence Requirement

Application: The appellants failed to provide sufficient evidence, particularly through expert testimony, to establish a prima facie case of negligence against the defendants.

Reasoning: A review of the record, particularly the testimony of the appellants' expert witness, Dr. Bussey, revealed that the appellants did not establish a prima facie case of negligence.