Bradley v. Indian River Memorial Hospital, Inc.
Docket: No. 90-1843
Court: District Court of Appeal of Florida; September 18, 1991; Florida; State Appellate Court
Agreement with the majority opinion is expressed regarding the absence of error in not instructing the jury on the duty owed to the appellant’s decedent. Although the defense mentioned the hospital's duty of care during voir dire and opening statements, the trial record confirms the defendant acknowledged a duty of reasonable care. The focus of the trial did not center on the duty issue. There is also no error in the trial judge's refusal to grant a new trial based on the verdict being against the manifest weight of the evidence, as trial judges possess broad discretion in such matters, and district judges cannot overturn these decisions solely based on differing opinions. The reference cases support this position. While there was an inclination to reverse for a new trial related to jury selection, the precedent set in Dobek v. Ans limits this option. It is emphasized that requesting additional peremptory challenges is crucial in these circumstances; simply challenging for cause is insufficient. Consequently, an affirmance of the trial court's decision is warranted.