LOWER FLORIDA KEYS HOSPITAL DISTRICT D/B/A FLORIDA KEYS MEMORIAL HOSPITAL, PETITIONER,
v.
GALEN SKELTON, A MINOR, BY AND THROUGH HER PARENTS AND NEXT FRIENDS, SANETTA J. SKELTON AND JAMES C. SKELTON, INDIVIDUALLY; THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, D/B/A JACKSON MEMORIAL HOSPITAL, STANLEY COIRA, M.D., STANLEY COIRA, P.A., RICHARD C. WALKER, M.D., RICHARD WALKER, P.A., AND FLORIDA PATIENT'S COMPENSATION FUND, RESPONDENTS
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The appellate court affirmed the trial court's denial of a new trial, finding no abuse of discretion because the jury's verdict of no negligence on the part of the hospital and its nurse was supported by the evidence regarding a patient's thigh lesion after an injection.
The trial judge did not abuse his discretion in denying the motion for a new trial because the issues presented related to the weight, credibility, and persuasive effect of the evidence, which the jury had already considered.
Mrs. Sasser developed a thigh lesion after receiving a Vistaril injection, which she claimed was due to improper administration. The jury found no neg…
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PER CURIAM.
Respondents (Skelton) commenced a medical malpractice action against the petitioner and the other respondents herein. The respondent, Dr. Coira, propounded interrogatories requesting collateral source information. Respondents (Skelton) objected to such interrogatories on the grounds that same was unconstitutional and deprived the respondents of due process. The trial court declared Section 768.50, Florida Statutes (1979) to be unconstitutional as depriving respondents of due process, and sustained respondents’ objections to subject interrogatories. Petitioner seeks review of that order via certiorari.1
We quash the order under review under the reasoning of the decision of the Supreme Court of Florida in Pinillos v. Cedars of Lebanon Hospital Corporation, 403 So. 2d 365 (Fla.1981), 1981, holding Section 768.50, Florida Statutes (1979)2 constitutional.
. This opinion is not to be construed as an open invitation to file petitions for certiorari when a trial court has held a statute unconstitutional prior to a final determination. In our discretion we entertain this petition because the impact of the trial court’s order, if not reviewed until after final judgment, prohibits certain discovery which the Supreme Court has approved.
. We note that this decision was rendered after the trial court entered the order under review in this case.
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Se. Volusia Hosp. Dist. v. State, 432 So. 2d 592 (Fla. 1st DCA 1983)…been subject to a number of constitutional challenges with varying results. . See Pinillos (exception to collateral source rule in malpractice actions does not violate equal protection rights); accord Lower Florida Keys Hospital District v. Skelton, 404 So. 2d 832 (Fla. 3d DCA 1981). See also Carter v. Sparkman, 335 So. 2d 802 (Fla. 1976) (medical mediation panels are not an unconstitutional denial of access to courts); Aldana v. Holub, 381 So. 2d 231 (Fla. 1980) (medical mediation panels held unconstitutiona…