Gootee v. Clevinger, 5D00-218.
| Decision Date | 01 December 2000 |
| Docket Number | No. 5D00-218.,5D00-218. |
| Citation | 778 So.2d 1005 |
| Parties | John GOOTEE, etc., Appellant, v. Sidney CLEVINGER, M.D., et al., Appellees. |
| Court | Florida District Court of Appeals |
Stephen J. Knox, of Morgan, Colling & Gilbert, P.A., Orlando, for Appellant. Jennings L. Hurt, III and Mary Gannon-McMurry, of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellees.
This is an appeal from a final judgment entered after a jury verdict in favor of the defendants below. Because the lower court erred in failing to excuse two jurors for cause, we reverse.
The appellant, John Gootee [ "Gootee"], as personal representative of the Estate of Leonie Gootee (his wife), was the plaintiff below in a wrongful death claim based on the alleged medical malpractice of the appellee, Sidney Clevinger, M.D. [ "Clevinger"]. The complaint alleged that Clevinger failed to diagnose and treat Leonie Gootee's heart disease after an electrocardiogram revealed an abnormality.
At trial, during voir dire, a potential juror, Davis, made the following statements:
During trial there were many references to another prominent local doctor, Dr. Elliott, who had been sued for malpractice in a case where the law firm representing Mr. Gootee had represented the plaintiff. Mr. Gootee's two expert witnesses, Kahn and Charash, both had testified against Dr. Elliott in that case. Plaintiff had moved in limine to prevent Dr. Clevinger's use of Dr. Elliott's name out of concern that it would prejudice the jury. The trial judge decided not to grant the motion and Dr. Elliot's name was repeatedly used during trial, often over Gootee's objection, but sometimes without objection. The jury returned a verdict in favor of Clevinger.
On appeal, Gootee argues that the trial court erred in refusing to strike Davis and Primm for cause. Gootee cites the portions of voir dire set forth above and claims that both jurors should have been removed for cause. Because they were not, Gootee had to use his peremptory...
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...fair verdict in order to reward a party for properly following the procedure to preserve the error." Gootee v. Clevinger, 778 So.2d 1005, 1013 (Fla. 5th DCA 2000) (Harris, J., dissenting). Importantly, neither Trotter nor the cases that it cites provide any state law basis for a per se reve......
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