Public Health Trust of Dade County v. Geter

• Decision Date: 02 February 1993
• Docket Number: 92-184,Nos. 92-161,s. 92-161
• Citation: 613 So.2d 126
• Court: Florida District Court of Appeals
• Parties: 81 Ed. Law Rep. 366, 18 Fla. L. Week. D437 PUBLIC HEALTH TRUST OF DADE COUNTY, d/b/a Jackson Memorial Hospital, a public body corporate and politic, Appellant, v. Freddie Mae GETER, as Personal Representative of the Estate of Fredericka Geter, Deceased, Appellee. Freddie Mae GETER, as Personal Representative of the Estate of Fredericka Geter, Deceased, Appellant, v. The UNIVERSITY OF MIAMI, a Florida corporation, Appellee.

Page 126

613 So.2d 126

81 Ed. Law Rep. 366, 18 Fla. L. Week. D437

PUBLIC HEALTH TRUST OF DADE COUNTY, d/b/a Jackson Memorial

Hospital, a public body corporate and politic, Appellant, v. Freddie Mae GETER, as Personal Representative of the Estate

of Fredericka Geter, Deceased, Appellee.

Freddie Mae GETER, as Personal Representative of the Estate

of Fredericka Geter, Deceased, Appellant, v. The UNIVERSITY OF MIAMI, a Florida corporation, Appellee.

Nos. 92-161, 92-184.

District Court of Appeal of Florida,

Third District.

Feb. 2, 1993.

Robert A. Ginsberg, Dade County Atty., and James J. Allen, Asst. County Atty., for Public Health Trust of Dade County.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark, Miami, for The University of Miami.

Perse & Ginsberg, Arnold R. Ginsberg and Richard B. Burke, Miami, for Freddie Mae Geter.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

This is an appeal by the defendant Public Health Trust of Dade County from a final judgment entered upon an adverse jury verdict in a medical malpractice action. This is also an appeal by the plaintiff, Freddie Mae Geter, as Personal Representative of the Estate of Fredericka Geter, from an adverse final judgment entered on a directed verdict for the defendant University of Miami in the same action.

As to the latter appeal, we have no trouble in concluding that a directed verdict was properly entered for the defendant University of Miami. The plaintiff introduced no evidence at trial from which the jury could reasonably conclude that Dr. Saunders was working as an agent or employee for the defendant University of Miami at the time of the claimed malpractice, and therefore the defendant University of Miami could not, as urged, be held vicariously liable in this case on a respondeat superior basis. Based on the undisputed testimony offered by the plaintiff, Dr. Saunders was acting solely in his capacity as an employee of the defendant Public Health Trust in providing the complained-of medical services to the plaintiff's decedent. See Bryant v. Duval County Hosp. Auth., 459 So.2d 1154 (Fla. 1st DCA 1984); Maguire v. American Family Life Assur. Co., 442 So.2d 321 (Fla. 3d DCA 1983), rev. denied, 451 So.2d 849 (Fla.1984); Jones v. City of Hialeah, 368 So.2d 398 (Fla. 3d DCA), cert. denied, 378 So.2d 346 (Fla.1979).

As to the former appeal, we reverse and remand for a new trial on the issue of damages only. We conclude that the comments by plaintiff's counsel during final...