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District Court of Appeal of Florida


Wax v. Tenet Health Sys. Hosps., Inc., 4D04-1673

A judgment for defendants in a wrongful death, medical malpractice action is reversed where the record did not support a trial court's decisions preventing plaintiff's witnesses from testifying as to particular issues based on findings that such testimony would have been outside the designations of the expert witnesses in pretrial disclosure, or cumulative.

Appellate Information

  • Decided 05/17/2006
  • Published 05/17/2006

Judges

  • FARMER, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, and Jack Scarola, Darryl L. Lewis, and Rosalyn Sia Baker-Barnes of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm Beach, for appellants.

  • For Appellees:
  • Robert Weill, Louise H. McMurray, James C. Sawran and Jason A. McGrath of McIntosh, Sawran, Peltz & Cartaya, P.A., Miami, for appellee Tenet Health System Hospitals, Inc., Amy R. Mosel and Marlene S. Reiss of Stephens, Lynn, Klein, La Cava Hoffman & Puya, P.A., Miami, for appellees Robert Topper, M.D., and Robert Topper, M.D., P.A.
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