Ruiz v. Tenet Hialeah Healthsystem, Inc., Etc.

EMAS, J.;

dissenting.

Introduction

The question presented is whether the trial court erred in directing a verdict upon its determination that there was insufficient evidence for a jury to find that Dr. Lorenzo’s negligence was a legal cause of Mrs. Espinosa’s death. Viewing the evidence and all reasonable inferences in a light most favorable to Rolando Ruiz, personal representative of Mrs. Espinosa’s estate, I conclude there was sufficient evidence upon which the jury could have found that the negligence of Dr. Lorenzo was a legal cause of the death of Mrs. Espinosa. In my view, therefore, the…