Hart v. Stern

824 So. 2d 927, 2002 WL 1389410
CourtDistrict Court of Appeal of Florida
DecidedJune 28, 2002
Docket5D01-2264
StatusPublished
Cited by19 cases

This text of 824 So. 2d 927 (Hart v. Stern) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hart v. Stern, 824 So. 2d 927, 2002 WL 1389410 (Fla. Ct. App. 2002).

Opinion

824 So.2d 927 (2002)

Jade Lakay HART, A Minor, etc., et al., Appellants/Cross-Appellees,
v.
Louis STERN, M.D. and Wymore Ob/Gyn Specialists, P.A., Appellees/Cross-Appellants.

No. 5D01-2264.

District Court of Appeal of Florida, Fifth District.

June 28, 2002.

*928 Anthony J. Caggiano of Ward & Caggiano, P.A., Orlando, for Appellants/Cross-Appellees.

Paul A. Nugent of O'Hara Law Firm, Sanford, and Jennifer S. Carroll and John M. Porter of Law Offices of Jennifer S. Carroll, P.A., Palm Beach Gardens, for Appellees/Cross-Appellants.

SAWAYA, J.

In this medical malpractice case, the Appellants, Jade Lakay Hart, a minor by and through her parents, Rhonda Lagree and John Hart, and Rhonda Lagree and John Hart, individually, (collectively Hart) appeal the final judgment rendered in favor of the Appellees, Louis Stern, M.D., and Wymore OB/GYN Specialists, P.A., (collectively Stern) after a jury trial. We reverse because the trial court erred in refusing to instruct the jury on concurring causes and aggravation of a pre-existing disease or defect.[1]

Factual and Procedural Background

Jade Lakay Hart was born with. Erb's palsy which is an injury to the brachial *929 plexus nerves caused during pregnancy or childbirth. Hart sued Stern, the doctor who delivered Jade, alleging that when Jade's shoulders became stuck on the mother's pelvic bone during labor, Stern pulled too hard on Jade's head, stretching her neck and causing injury.[2]

During the trial, Hart called two experts, both board certified in obstetrics and gynecology, who testified that after review of the pertinent medical records, Jade presented with shoulder dystocia and that Stern, in an attempt to resolve this problem, applied excessive traction to Jade's head. Both experts testified that Stern's actions fell below the applicable standard of care and caused Jade to suffer permanent injury. Stern called two expert witnesses who testified that various causes contributed to Jade's injury, but that Stern's actions were not one of them. Both experts concluded that Stern's care and treatment in delivering Jade complied with the applicable standard of care.

During the charge conference, Hart requested that the trial court instruct the jury on concurrent causes and aggravation of a pre-existing injury or defect by giving the jury Florida Standard Jury Instructions 5.1(b) and 6.2(b). The trial court denied this request and the jury returned a verdict for Stern.

The issue we must resolve is whether the trial court erred in refusing to give the requested instructions. We will first discuss the standard of review applicable to decisions by trial courts whether to give requested jury instructions. We will next review the law applicable to concurring cause and aggravation of pre-existing injury instructions to determine whether the trial court erred in refusing to give these instructions to the jury.

The Standard of Review

Trial courts are generally accorded broad discretion in formulating jury instructions, and a decision not to give a requested instruction will not be reversed unless the error complained of resulted in a miscarriage of justice or the failure to give the instruction was reasonably calculated to confuse or mislead the jury. Reyka v. Halifax Hosp. Dist., 657 So.2d 967 (Fla. 5th DCA 1995); see also Barbour v. Brinker Florida, Inc., 801 So.2d 953 (Fla. 5th DCA 2001).

The party claiming reversible error stemming from the trial court's failure to give a requested jury instruction must show that: 1) the requested instruction accurately states the applicable law; 2) the evidence and testimony presented support giving the instruction; and 3) the instruction was necessary to allow the jury to properly resolve all of the issues in the case. Reyka; Orange County v. Piper, 523 So.2d 196 (Fla. 5th DCA), review denied, 531 So.2d 1354 (Fla.1988); see also Wransky v. Dalfo, 801 So.2d 239 (Fla. 4th DCA 2001).

Applying this standard of review, we will determine whether the failure to give the concurring cause and aggravation instructions constitutes reversible error. We will consider the concurring cause instruction first.

The Concurring Cause Instruction

Regarding the issue of causation, the trial court only gave Florida Standard Jury Instruction 5.1(a), which instructs that "[n]egligence is a legal cause of ... *930 injury ... if it directly and in natural and continuous sequence produces or contributes substantially to producing such ... injury ..., so that it can reasonably be said that, but for the negligence, the ... injury ... would not have occurred." Fla. Std. Jury Instr. (Civ.) 5.1(a). Hart, however, requested that the jury be given Florida Standard Jury Instruction 5.1(b)[3] on concurring causes. Stern's objection to giving the concurring cause instruction was sustained by the trial court. Hart contends that failure to give the instruction constitutes reversible error.

Florida courts generally define concurring causes as "two separate and distinct causes that operate contemporaneously to produce a single injury." Goldschmidt v. Holman, 571 So.2d 422, 424 (Fla.1990) (citation omitted). "Although the term `concurring' suggests that such causes of damage must occur `simultaneously,' it has been held that temporally preceding conditions can conjoin with a defendant's subsequent alleged negligence." Zigman v. Cline, 664 So.2d 968, 970 (Fla. 4th DCA), review denied, 661 So.2d 823 (Fla.1995); see also Cruz v. Plasencia, 778 So.2d 458 (Fla. 3d DCA 2001).

If a defendant's negligence operates in combination with the negligent act of another or a natural cause such as the plaintiff's pre-existing physical condition to cause an injury, the concurrent causation instruction should be given.[4] Specifically, in medical malpractice cases, concurrent causes occur when the injury is caused by the negligence of a health care provider acting upon and combined with the plaintiff's pre-existing physical condition.[5]

The primary purpose of the concurring cause instruction is to "negate[ ] the idea that a defendant is excused from the consequences of his negligence by reason of some other cause concurring in time and contributing to the same damage." Fla. Std. Jury Instr. (Civ.) 5.1(b) note on use; Zigman, 664 So.2d at 969; see also Hernandez v. State Farm Fire & Cas. Co., 700 So.2d 451, 453 (Fla. 4th DCA 1997) ("The purpose of the concurring cause instruction is to inform the jury that the defendant *931 is not excused from the consequences of his negligence by reason of some other cause concurring in time and contributing to the same damage.") (citation omitted).

Our analysis of the requested jury instruction leads us to conclude that it accurately states the law regarding concurring causation, and Stern does not contend otherwise in these proceedings. Stern does, however, argue that the evidence and testimony presented in the case do not warrant giving the instruction and that the instruction was not necessary to allow the jury to resolve the issues in the case.

Stern called two expert witnesses, Steven Clark, M.D., and Harlan Giles, M.D. Although both testified that Stern complied with the applicable standard of care in delivering Jade, they differed in their opinion about the cause of Jade's injury. Specifically, Dr.

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Bluebook (online)
824 So. 2d 927, 2002 WL 1389410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-stern-fladistctapp-2002.