Medical Personnel Pool of Palm Beach, Inc. v. Walsh

STONE, Judge.

This is an appeal from a judgment entered following a non-jury trial, apportioning the respective degrees of negligence between a medical personnel pool and a hospital.

The hospital had answered interrogatories stating that there were three nurses on duty the night a patient suffered brain damage, allegedly as a result of negligent care. However, at trial the nurses testified, after reviewing patient charts, that four nurses had been present. The appellant claimed surprise, but its motions to strike the contradictory testimony were denied.

In In Re Estate of Lochhead, 443 So.2d 283…