Jason Azzarone was successful in arguing to the Fifth District Court of Appeal that the Trial Court did not commit error in denying the Plaintiff’s motion for new trial in a medical malpractice action.  The Appellant’s position on appeal was that the Trial Court erred in denying the motion for new trial based upon improper closing arguments by counsel.   Mr. Azzarone successfully argued that the jury’s verdict must be affirmed as there was no showing made on appeal that the Trial Court abused its discretion in denying the motion for new trial based upon the  failure to satisfy the standard set forth in Murphy v. International Robotic Sys., Inc., 766 So. 2d 1010 (Fla. 2000).

Webster v. Glover

In November 2019 Kari Jacobson and Kevin Houston tried a premises liability case for a hospital located in Charlotte County (Punta Gorda) Florida. During trial, the Plaintiff alleged that Defendant hospital was negligent for failing to maintain portions of its roof in a reasonably safe condition; failing to warn Plaintiff about a known dangerous condition that existed on the roof; and failing to correct and/or repair the known dangerous condition causing Plaintiff’s accident and fall. Following Plaintiff’s case the hospital moved for directed verdict. The judge reserved ruling and allowed the case to proceed to a jury verdict. Jurors found the hospital 10% liable, Plaintiff 50% liable and a nonparty/Fabre defendant 40% liable. Following the verdict Defendant Hospital renewed their motion for directed verdict. On February 3, 2020, after hearing arguments of counsel, the Judge granted the hospital’s motion for directed verdict, vacated the jury’s verdict, and entered judgment in favor of Defendant hospital.

In October 2019, Lou La Cava and Iva Valtcheva were successful in obtaining a voluntary dismissal with prejudice in a case against a physical therapist in Pasco County. The Plaintiffs alleged that the physical therapist was negligent in her care of the patient when she allegedly left her patient unattended and he suffered a fall, which resulted in an injury to his amputated limb, subsequent infection, revision of the initial amputation, and prolonged hospitalization and recovery thereafter. The defense argued that the incident did not occur as it was described by the Plaintiffs, that the physical therapist did not leave her patient unattended and that she did not breach the standard of care. It was further argued by the defense that the infection and need for the second amputation was not caused by the alleged fall; rather, the injuries claimed were the sequelae of Plaintiff’s long-standing health issues including diabetes and peripheral vascular disease. There were no offers made to settle the matter and the case was prepared for trial. After two years of zealously defending the physical therapy provided, the Plaintiffs voluntarily dismissed the matter with prejudice without any payment made on behalf of the physical therapist or her employer.

Jon Lynn obtained a defense verdict for an oral surgeon in West Palm Beach after a 5 day trial. The oral surgeon was sued because he allegedly extracted a wisdom tooth that did not need to be extracted and the patient sustained a nerve injury that would leave her with permanent pain and numbness of her left lower lip and chin. The patient had been referred to the oral surgeon by her dentist who had examined the patient the day before the extractions. He testified that although the patient needed her right lower wisdom tooth removed, her left lower wisdom tooth was “perfectly fine”. The oral surgeon contended that both lower third molars needed to be extracted and the patient suffered a known complication of wisdom tooth extraction. The jury deliberated for an hour before returning a defense verdict.