State, Department of Health & Rehabilitative Services v. Arnold ex rel. Bissonnette

LAWRENCE, Judge.

The trial court granted Martin L. Arnold (Arnold) a new trial in his tort action against the Florida Department of Health and Rehabilitative Services (HRS). HRS appeals; Arnold cross-appeals. We affirm on appeal, and reverse in part on the cross-appeal.

Arnold sustained serious injuries on April 18, 1989, while a patient in the -Florida State Hospital at Chattahoochee, when he was assailed by another patient (AP). Arnold and AP were confined on unit 26. AP, a twenty-two year inmate, had several times seriously assaulted other patients before assaulting Arnold.

Arnold’s complaint…