Aills v. Boemi
Decision Date | 25 February 2010 |
Docket Number | No. SC08-2087.,SC08-2087. |
Citation | 29 So.3d 1105 |
Parties | Christy AILLS, Petitioner, v. Luciano BOEMI, M.D., et al., Respondents. |
Court | Florida Supreme Court |
Joel D. Eaton of Podhurst Orseck, P.A., Miami, FL, and Jeffrey R. Garvin of the Garvin Law Firm, Fort Myers, FL, for Petitioner.
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.
In the case before us, petitioner Christy Aills seeks review of the decision of the Second District Court of Appeal in Aills v Boemi, 990 So.2d 540 (Fla. 2d DCA 2008).1 In that case, the Second District Court of Appeal reversed a judgment in favor of Aills, the patient, in a medical malpractice action against the defendant plastic surgeon, Dr. Luciano Boemi, arising out of negligence in connection with an elective surgical procedure for breast reconstruction. For reasons explained below, we find that the district court erred in reversing for a new trial on the basis of an improper argument by Aills' counsel during closing argument. We therefore quash the decision of the Second District and remand for proceedings consistent with our decision herein.
Christy Aills (Aills) brought a medical malpractice action against Dr. Luciano Boemi, M.D., and Luciano Boemi, M.D., P.A. (collectively referred to as Dr. Boemi), after experiencing complications from elective breast surgery. Aills' second amended complaint asserted four separate causes of action: medical negligence, battery, lack of informed consent, and fraud. The jury found Dr. Boemi liable for negligence, but found in favor of Dr. Boemi on the remaining counts. The jury's award of compensatory damages to Aills was as follows: (1) $100,000 for past medical damages; (2) $150,000 for future medical damages; (3) $4,000,000 for past noneconomic damages; and (4) $4,000,000 for future noneconomic damages. The trial court subsequently entered a judgment on the verdict in favor of Aills and against Dr. Boemi in the amount of $8,250,000.
After the trial, Dr. Boemi filed a motion requesting the entry of judgment in his favor in accordance with his prior motion for directed verdict or, in the alternative, a new trial. The trial court denied both claims for relief. Dr. Boemi also moved for a remittitur of the various awards in the jury's verdict. The trial court granted a remittitur of the jury's award for past medical damages from $100,000 to $81,000. The court also granted a remittitur of the jury's award for past noneconomic damages from $4,000,000 to $750,000, and for future noneconomic damages from $4,000,000 to $1,750,000. However, the court denied a remittitur of the jury's award for future medical damages. Aills accepted the remittitur of the past medical damages, but rejected the remittitur of the awards for noneconomic damages. Consequently, the trial court ordered a new trial on the issue of damages only. Aills appealed the trial court's order granting a new trial on damages, and Dr. Boemi cross-appealed.
In his cross-appeal, Dr. Boemi challenged the trial court's rulings on four grounds: (1) the trial court erred in denying him a directed verdict on liability because Aills failed to establish the applicable standard of care and a subsequent breach of that standard; (2) the trial court erred in failing to grant a new trial based on remarks concerning postoperative negligence during Aills' closing argument; (3) the trial court erred in denying him a new trial based on the admission of graphic photographic evidence depicting Aills' condition after the initial surgery; and (4) the evidence proved insufficient to support the award of future medical expenses.
On appeal, the Second District held that "the trial court did not commit error in denying Dr. Boemi's motion for a directed verdict on liability" for negligence. Aills, 990 So.2d at 546. It also held that the trial court did not abuse its discretion "in denying Dr. Boemi's motion for new trial based on the admission of the photographs into evidence." Id. We do not disturb the district court's holdings in these respects. However, as we explain below, we conclude that the district court erred in reversing for a new trial on the basis of Dr. Boemi's claim of improper closing argument by counsel for Aills. Because Dr. Boemi failed to advance the specific ground of objection relied upon by the district court for reversal, we conclude that it was not preserved for appellate review. We first examine the district court's decision.
In Aills, the Second District reviewed Dr. Boemi's claim that the trial court erred in denying his motion for new trial based on Aills' closing argument regarding his asserted postoperative negligence. Id. at 546. The district court observed that during closing argument, Dr. Boemi's counsel objected when Aills' counsel began to argue that Dr. Boemi failed to provide Aills with appropriate postoperative care. Id. at 544. The district court summarized the parties' arguments as follows:
At a sidebar conference, Dr. Boemi's counsel explained that opposing counsel's remarks were improper because of the absence of any basis in the record "that the postoperative care was negligent" and "that it would have made a difference." Ms. Aills' counsel responded that his remarks were "fair comment" because "we have already put on testimony ... that the entire thing that this doctor did caused her to have her harm." The trial court overruled the objection.
The district court's review of the pleadings, arguments, and witness testimony led it to conclude that the issue of postoperative negligence had neither been pled in the complaint nor tried by consent. Therefore, the district court concluded that Aills' closing argument was improper and that the trial court abused its discretion in failing to grant Dr. Boemi a new trial on all issues. Id. at 547-48, 550.2
The question before us is whether the district court erred in reversing the trial court's judgment on a ground that we find from the record was not presented to the trial court and thus not preserved for appellate review. Because this is a question of law arising from undisputed facts, the standard of review is de novo. See Kirton v. Fields, 997 So.2d 349, 352 (Fla. 2008); see also D'Angelo v. Fitzmaurice, 863 So.2d 311, 314 (Fla.2003) ( ). To resolve this issue, we must consider the principles of error preservation, the objection at issue, and the basis for the district court's reversal.
Proper preservation of error for appellate review generally requires three components. First, the party must make a timely, contemporaneous objection at the time of the alleged error. See Overton v. State, 976 So.2d 536, 547 (Fla.2007); Harrell v. State, 894 So.2d 935, 940 (Fla.2005). Harrell, 894 So.2d at 940 (quoting Steinhorst v. State, 412 So.2d 332, 338 (Fla.1982)); see also Sunset Harbour Condo. Ass'n v. Robbins, 914 So.2d 925, 928 (Fla.2005) . While no magic words are required to make a proper objection, we reiterate here that the concern articulated in the objection must be sufficiently specific to inform the court of the perceived error. Williams v. State, 414 So.2d 509, 511-12 (Fla.1982); Castor v. State, 365 So.2d 701, 703 (Fla.1978) (). We turn now to the question of whether Dr. Boemi's...
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