Bradley v. Indian River Memorial Hospital, Inc.

I agree with my colleagues that there is no error shown in the failure to instruct the jury on the duty owed to appellant’s decedent. Although there was some reference in voir dire and opening statement by defense counsel as to whether the hospital owed a duty of care to its employees and their guests at the picnic, a review of the trial record shows unequivocally that the defendant conceded that it owed a duty of reasonable care. The duty issue was not the stage on which this trial was fought.

I also agree that there was no error shown in the trial judge’s denial of a new trial on the basis…