Gatten v. Zachar
Docket: No. 5D05-2981
Court: District Court of Appeal of Florida; June 23, 2006; Florida; State Appellate Court
Evelyn Gatten appeals a trial court judgment favoring Dr. Lenka Zachar in a medical malpractice case concerning the death of Gatten's husband, John. Gatten claimed that Dr. Zachar’s negligent medical care caused Mr. Gatten’s death. A jury trial resulted in a verdict of no negligence on Dr. Zachar’s part, leading to a judgment against Gatten, which she subsequently appealed. Gatten contends that the trial court erred by denying her motion for a mistrial following a comment made by defense counsel during opening arguments, which Gatten's attorney deemed inappropriate. The trial court acknowledged the objection, instructing the jury to disregard the remark about Dr. Zachar's livelihood, and ultimately denied the mistrial motion, stating it did not warrant such a drastic measure. Citing relevant case law, the appellate court noted that a trial court's decision on mistrial motions is reviewed under an abuse of discretion standard. The court emphasized that a mistrial should only be granted when absolutely necessary, and that the trial court's response, including a curative instruction, was adequate to address the objection. Gatten failed to demonstrate that the trial court's denial of the mistrial constituted an abuse of discretion. The appellate court affirmed the trial court's judgment, with judges Pleus and Torpy concurring.