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BUTTERWORTH v. ASSI

District Court of Appeal of Florida, First District
Sep 9, 2002
824 So. 2d 224 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D00-4980.

July 19, 2002. Rehearing Denied September 9, 2002.

An appeal from the circuit court for Duval County. Karen K. Cole, Judge.

Fred Tromberg, James A. Kowalski, Jr., and Jon R. Phillips of the Law Offices of Fred Tromberg, Jacksonville, Attorneys for Appellants.

Martin B. Unger, Janice L. Merrill and Ernest J. Myers of Unger, Acree, Weinstein, Marcus, Merrill, Kast Metz, P.L., Orlando, Attorneys for Appellee.


This is an appeal from a judgment for Appellee entered on a jury verdict finding Appellee not negligent in an action for wrongful death. On appeal, Appellant contends that the trial court abused its discretion in preventing Appellants from cross examining Dr. Assi regarding his (1) failure of the basic medical science examination for a foreign medical school graduate's basic medical science knowledge; (2) failure of a pharmacology course in medical school; (3) repeated failure of the board certification examination in pediatrics; and (4) completion of medical school in seven and one-half years. After careful review of the records and briefs herein, we find merit in Appellants' contentions and must, therefore, reverse and remand for a new trial. We do not address the remaining issues.

REVERSED and REMANDED.

BOOTH, KAHN and POLSTON, JJ., concur.


Summaries of

BUTTERWORTH v. ASSI

District Court of Appeal of Florida, First District
Sep 9, 2002
824 So. 2d 224 (Fla. Dist. Ct. App. 2002)
Case details for

BUTTERWORTH v. ASSI

Case Details

Full title:Daniel and Gail BUTTERWORTH, Co-Personal Representatives of the Estate of…

Court:District Court of Appeal of Florida, First District

Date published: Sep 9, 2002

Citations

824 So. 2d 224 (Fla. Dist. Ct. App. 2002)