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Florida Third DCA reverses judgment for medical negligence plaintiff due to trial court’s failure to expressly consider all remittitur statutory factors set forth in Fla. Stat. § 768.74(5)

On October 13, 2021, in Baptist Health Medical Group Orthopedics, LLC, et al, v. Fernandez, No. 3D20-0861, the Florida Third DCA reversed a trial court order denying a medical negligence defendant’s motion for remittitur of the plaintiff’s non-economic damages award, finding that the trial court had not expressly considered all the statutory factors set forth in Fla. Stat. § 768.74(5). The Third DCA noted that under its precedent, citing Royal Caribbean Cruises, Ltd. v. Spearman, 320 So. 3d 276, 288 (Fla. 3d DCA 2021), this procedural oversight constitutes reversible error. The case was remanded for consideration of all the statutory factors.

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