Jason Azzarone Was Successful in Arguing to the Fourth District Court of Appeal
Jason Azzarone was successful in arguing to the Fourth District Court of Appeal that the Trial Court did not err in denying the Plaintiff’s Motion for New Trial in Gray v. Northwest Medical Center, Inc., et. al, a medical malpractice action involving the hospital and numerous physicians. On appeal, the Plaintiff argued that the Trial Court erred in allowing the Defendants to advise the jury of the decedent’s prior misuse of medications, in advising the jury of the decedent’s prior suicide attempt, in allowing the Defendants to argue that the decedent was comparatively at fault for his death and in failing to instruct the jury with respect to the alleged failure to follow hospital protocols. In response, Mr. Azzarone argued that the Trial Court’s rulings were all proper. Mr. Azzarone argued that the evidence of prior misuse of medications was admissible as the misuse began a cascade of conditions that ultimately led to the decedent’s death. Mr. Azzarone further argued that the evidence of prior suicide attempts was properly admitted to rebut trial testimony meant to establish that the decedent had no personal issues, matters that were directly relevant to the damages sought by the Estate. Regarding evidence of comparative fault, Mr. Azzarone argued that evidence linking the misuse of medications to the decedent’s death was established by expert testimony and therefore, the jury was properly instructed on this issue. Finally, Mr. Azzarone argued that the Trial Court properly denied the Plaintiff’s requested special jury instruction regarding the failure to follow hospital protocols as the instruction was not permitted by Florida law and was unnecessary as the matter was argued by Plaintiff’s Counsel during closing arguments. The Fourth District Court of Appeal entered a Per Curium Affirmance.