Dillard v. Choronzy

ON JOINT MOTION FOR CLARIFICATION

Pursuant to the parties’ joint motion for clarification, we withdraw our prior opinion and reissue it as follows.

This case involves an appeal and cross-appeals from an order which, inter alia, sets aside a jury verdict, grants a new trial, and denies a motion for judgment notwithstanding the verdict in a medical malpractice case. The evidence indicated that the patient, Ann Choronzy, suffered a stroke which could have been prevented had a CAT scan been performed by Humana of Florida, Inc. (a Daytona Beach hospital) as ordered by Dillard, a staff physician. We…