INTELISTAF HEALTHCARE, INC., APPELLANT,
v.
LANETTE GERVATO AND RON CONDREN, HER HUSBAND, AND AS PARENTS AND NATURAL GUARDIANS OF ANTHONY JUSTIN GERVATO, SUMMER LEA GERVATO, DOMINICK JAMES GERVATO, AND MADELINE ELIZABETH CONDREN, THEIR MINOR CHILDREN; AND UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, APPELLEES

Fla. 1st DCA | 2012-07-03
No. 1D11-3723
VAN NORTWICK and ROBERTS, JJ., and DEMPSEY, ANGELA, Associate Judge, concur.
91 So. 3d 267 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 2 cases

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Synopsis

InteliStaf Healthcare appealed a trial court's order granting a new trial limited to the issue of liability. The appellate court agreed a new trial was warranted but reversed the limitation to liability alone, holding that the cumulative misconduct found by the trial court likely affected damages determinations and therefore required a new trial on both liability and damages.


Holding

The appellate court reversed the trial court's limitation of the new trial to liability only and remanded for a new trial on both liability and damages. The court held that because the trial court found instances of misconduct extending from the beginning to the end of trial, it cannot be determined that the impropriety did not affect the determination of damages.


Headnotes

[1] A new trial may be limited to the question of liability when it is clear that the course can be pursued without confusion, inconvenience, or prejudice to the rights of an…

[2] When misconduct occurs throughout a trial, a court cannot assume that the misconduct did not affect the determination of damages.

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Key Quotes

“the cumulative effect of InteliStafs misconduct as a whole created an environment "so prejudicial and inflammatory that it denied Plaintiffs their right to a fair trial."”

Establishes the trial court's finding of cumulative misconduct warranting a new trial.

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Facts & Procedural History

InteliStaf Healthcare was involved in litigation with the Gervato family and University of Florida Board of Trustees. During trial, the trial court fo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, InteliStaf Healthcare, Inc., raises three issues on appeal, only one of which merits discussion. The appellant argues that, if there is a new trial, the trial should encompass damages as well as liability. We agree and affirm the trial court’s order granting a new trial as to liability, but remand for a new trial on both liability and damages.

In the order below, the trial court found that the cumulative effect of InteliStafs misconduct as a whole created an environment “so prejudicial and inflammatory that it denied Plaintiffs their right to a fair trial.” However, the trial court found that the misconduct warranting a new trial did not affect the determination of compensatory damages; therefore, it granted a new trial only as to the apportionment of liability.

In Purvis v. Inter-County Telephone & Telegraph Co., the supreme court held, “the majority rule is that a new trial may be limited to the question of liability when it is clear that the course can be pursued without confusion, inconvenience, or prejudice to the rights of any party.” 173 So.2d 679, 681 (Fla.1965) (citation omitted). In the instant case, the trial court granted a new trial after finding various instances of misconduct that extended from the beginning of the trial to the end. Because we cannot determine that the cited instances of impropriety did not bleed into the determination of damages, we reverse the portion of the trial court’s order granting a new trial on the issue of liability only and remand for a new trial on liability and damages.

AFFIRMED in part, REVERSED in part, and REMANDED.

VAN NORTWICK and ROBERTS, JJ., and DEMPSEY, ANGELA, Associate Judge, concur.


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Citator

Cited By

  • McDUFFIE v. John W. Uribe, M.D., 133 So. 3d 947 (Fla. 3d DCA 2012)
    …assee Mem’l Reg’l Med. Ctr. v. Mitchell, 407 So. 2d 601 (Fla. 1st DCA 1981). Affirmed1; petition for writ of prohibition denied. . Upon remand, a new trial shall be conducted on liability and damages. See InteliStaf Healthcare, Inc. v. Gervato, 91 So. 3d 267 (Fla. 1st DCA 2012).…

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