Read Aills v. Boemi, SC08-2087

In plaintiff's medical malpractice suit against a plastic surgeon for negligence in connection with a procedure of breast reconstruction, the decision of the second district court of appeal reversing a judgment in favor of plaintiff is quashed and remanded as the court erred in reversing for a new trial on the basis of an improper argument by plaintiff's counsel during closing argument.

Appellate Information

• Decided 02/26/2010
• Published 02/26/2010

Judges

• LABARGA, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Joel D. Eaton of Podhurst Orseck, P.A., Miami, FL, and Jeffrey R. Garvin of the Garvin Law Firm, Fort Myers, FL, for Petitioner.


• For Appellees:
  
• Arthur J. England, Jr.Brigid F. Cech Samole and Kerri L. McNulty of Greenberg Traurig, P.A., Miami, FL, William R. Clayton of Greenberg Traurig, P.A., Fort Lauderdale, FL, and Richard B. Mangan of Rissman, Barrett, Hurt, Donahue, and McLain, P.A., Tampa, FL, for Respondent.