Legal Opinion
Benjamin v. Tandem Healthcare, Inc.
District Court of Appeal of Florida
Decided June 27, 2012No. 4D10-881PublishedCited by 5 opinions
1Opinion of the CourtHazouri, J.
Jodi Benjamin, as personal representative of the estate of her mother Marlene Gagnon (hereinafter “the Estate”), appeals a final judgment entered against the Estate and in favor of Tandem Healthcare, Inc. (hereinafter “Tandem”) after a jury trial. The Estate raises three issues on appeal: 1) that the trial court erred in admitting a United States Food and Drug Administration (FDA) advisory concerning prescription medication Mrs. Gagnon was taking; 2) that the trial court erred in excluding the testimony of a kitchen worker who overheard another employee of Tandem, a CNA, rush into the kitchen…
Also in this document: Concurrence.
2Cases cited24 opinions
- United States v. SullivanSupreme Court of the United States · 1947
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Yisrael v. StateSupreme Court of Florida · 2008
- American Motors Corp. v. EllisDistrict Court of Appeal of Florida · 1981
- Sherry Givens and Wendel Givens, Cross v. Lederle, Etc., Cross Sherry Givens and Wendel Givens v. Lederle, Etc.Court of Appeals for the Fifth Circuit · 1977
19 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Allstate Insurance Co. v. MarottaDistrict Court of Appeal of Florida · 2013
- Candice Jones, as Personal Representative of the Estate of Ryland Nye v. Michael AlayonDistrict Court of Appeal of Florida · 2015
- PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etcDistrict Court of Appeal of Florida · 2017
- Elizabeth Sentz v. Bonefish Grill, LLCDistrict Court of Appeal of Florida · 2023
- GEORGE GOMEZ v. PHILIP MORRIS USA INC., etc.District Court of Appeal of Florida · 2023