Monday, May 4, 1998
Michael J. Cohen v. Michael Dauphinee

No. 91,239

Place of Origin
Orange County

Facts
Rosemarie Dauphinee died in November 1991, apparently of an infection her physicians failed to detect. Her husband sued. Under Florida law, the suit was subject to pretrial screening, during which time an expert stated that Dauphinee's physicians deviated from accepted standards. Later he contradicted this statement. The jury found no negligence and made no award, but the Fifth District Court ordered a new trial on grounds that Dauphinee improperly impeached the expert at trial because of the contradictory statements.