Second District Court of Appeal Florida

Jason Azzarone was successful in arguing to the Second District Court of Appeal

Jason M. AzzaroneJason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiff’s Renewed Motion to Disqualify the successor Judge assigned to the case. The Plaintiff filed a Renewed Motion to Disqualify following a hearing addressing the Defendants’ Motion to Dismiss. Despite being successful in defeating the Motion to Dismiss, the Renewed Motion to Disqualify was filed, arguing that comments made by the Judge during oral argument were improper, demonstrated bias towards the defense and supported the Plaintiffs’ belief that she would not receive a fair trial. Following the denial of the Renewed Motion to Disqualify, the Plaintiff filed a Petition for Writ of Prohibition with the Second District Court of Appeal, arguing that the denial was erroneous because the Judge’s comments were improper. In opposition, Mr. Azzarone argued that the comments were in no way inappropriate. Mr. Azzarone further argued that the Plaintiff failed to satisfy her burden of establishing error considering that the Plaintiff was attempting to disqualify a successor Judge. The Second District Court of Appeal agreed, denying the Petition for Writ of Prohibition.

Medical Malpractice Case

Jonathon Lynn and Mandy Smith Obtain Defense Verdict in Collier County

Jonathon P. Lynn

Jonathon Lynn and Mandy Smith obtained a defense verdict after a six-day trial in Collier County. The Plaintiff, who had undergone a colonoscopy, vomited and aspirated immediately after his procedure while under the care of the CRNA and anesthesiologist. The Plaintiff alleged negligence on the part of both the CRNA and anesthesiologist in not preventing the aspiration. As a result of the aspiration, the patient was diagnosed with dysautonomia, a rare complication, and sought treatment from his Harvard–affiliated pulmonologist who testified at the time of trial. The pulmonologist had developed a life care plan for the Plaintiff that was expected to cost about $3,500,000.00 over the Plaintiff’s remaining life expectancy. In his closing argument, the Plaintiff asked the jury to award $4,000,000.00 in non-economic damages in addition to the economic damages. The jury deliberated 3 1/2 hours and returned a verdict for the Defendants finding they were not negligent in their care and treatment of the Plaintiff.

Fifth District Court of Appeal Florida

Jason Azzarone was successful in arguing to the Fifth District Court of Appeal

Jason M. AzzaroneJason Azzarone was successful in arguing to the Fifth District Court of Appeal that the Trial Court did not err in denying the Plaintiff’s Motions for Directed Verdict, Motion for Additur and Motion for New Trial in Santiago v. Osceola Regional Hospital, Inc., a premises liability case involving a hospital. The jury found for the Plaintiff, awarding a substantial amount for damages, and apportioned twenty percent of the fault to the hospital. At trial, the Plaintiff argued that no evidence was presented to establish that the Plaintiff was responsible for the slip and fall incident. The Trial Court denied this Motion. In his post-trial Motions, the Plaintiff argued that the amount awarded by the jury was far below the amounts requested (as supported by the evidence). The Plaintiff’s Motion for New Trial argued that the verdict was against the manifest weight of the evidence. Both of these Motions were denied. On appeal, Mr. Azzarone argued that conflicting evidence was presented to the jury regarding the Plaintiff’s ability to avoid the fall. Mr. Azzarone further argued that conflicting evidence was presented as to the Plaintiff’s injuries and the amounts associated with the alleged injuries. In summary, Mr. Azzarone argued that the Plaintiff’s dissatisfaction with the jury’s decision could not support his arguments for requiring a new trial. The Fifth District Court of Appeal agreed and entered a Per Curium Affirmance.

Jason Azzarone and Thomas Saieva Obtain a Dismissal With Prejudice In An Inmate Civil Rights Case

Jason M. AzzaroneJason Azzarone and Thomas Saieva were successful in securing a dismissal of the Plaintiff’s complaint with prejudice in a civil rights case filed by an inmate in the United States District Court, Middle District of Florida, in which the firm represented multiple physicians who provided medical care to Lake County inmates.

The Plaintiff alleged that he received cursory medical care following an altercation with another inmate and that the physicians neglected his condition in violation of his Fourteenth Amendment Rights. The motion to dismiss argued that based on the allegations, the Plaintiff could not establish any claim for deliberate indifference to a serious medical condition as required by Federal law because, as alleged, the Plaintiff received medical care. The Court agreed, finding that the Plaintiff could not demonstrate deliberate indifference and therefore, the matter was to be dismissed with prejudice.

Thomas Saieva
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