Jason Azzarone was successful in arguing to the Second District Court of Appeal

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiff’s motion for directed verdict in Estate of Zaffuto v. St. Joseph’s Hospital, Inc., where the Second District Court of Appeal entered a Per Curium Affirmance. On Appeal, the Appellant argued that the Trial Court committed error by denying the motion, thus allowing the Defendant to present an empty chair defense.   Mr. Azzarone argued that the Trial Court’s denial was proper as there was conflicting evidence as to causation.  Mr. Azzarone also argued that contrary to the Appellant’s position, the Defendant never presented an empty chair defense, but rather, argued to the jury that the actions of the Hospital’s staff was not negligent.  Following oral argument, the Second District Court of Appeal agreed.

In a related appeal, the Plaintiff challenged the Trial Court’s award of costs.  Following oral argument, the Second District Court of Appeal entered a Per Curium Affirmance.