Legal Opinion

Cruz v. Plasencia

District Court of Appeal of Florida

Decided February 14, 2001No. 3D99-1783PublishedCited by 3 opinions

1Opinion of the Court

LEVY, Judge.

Martha Cruz (“Personal Representative”) appeals the entry of Final Judgment in favor of Dr. Gustavo Plasencia in a medical malpractice action after a jury trial, alleging that the trial court erred in refusing to give Florida Standard Jury *459Instruction 5.1(b) on concurrent causation. We agree and reverse for a new trial.

Marta Godoy (“the decedent”) suffered from diverticulosis, a condition affecting the colon. The decedent was admitted into the hospital for a colonoscopy to be performed by Dr. Richard Hernandez. During the procedure, Dr. Hernandez perforated the decedent’s colon. A…

2Cases cited11 opinions

  1. Goldschmidt v. HolmanSupreme Court of Florida · 1990
  2. Futch v. HeadDistrict Court of Appeal of Florida · 1987
  3. Gallagher v. Federal Ins. Co.District Court of Appeal of Florida · 1977
  4. Grimm v. Prudence Mutual Casualty CompanySupreme Court of Florida · 1971
  5. Goodman v. BeckerDistrict Court of Appeal of Florida · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hart v. SternDistrict Court of Appeal of Florida · 2002
  2. R.J. Reynolds Tobacco Co. v. JewettDistrict Court of Appeal of Florida · 2012
  3. Wal-Mart Stores East, LP v. JohnsonDistrict Court of Appeal of Florida · 2026

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