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601 So. 2d 612

Docket Nos. 91-1504, 91-1266.

Katos v. Cushing

Michael Gregory KATOS, Appellant, v. Robert B. CUSHING, D.D.S. and Robert B. Cushing, D.D.S., P.A., Appellees.

District Court of Appeal of Florida · decided 1992-06-23

Key passage — most relied on by later courts

“whether, but for such error, a different result may have been reached.”

quoted by 5 later decisions, including National Union Fire Ins. Co. v. Blackmon, Special v. Baux

Relies on 397 So. 2d 775 - Nationwide Mut. Ins. v. Ed Soules Const. Co. · 386 So. 2d 1259 - Marks v. Delcastillo · 314 So. 2d 797 - Thompson v. Jacobs

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-23

How this case has been cited

Cited by 21 later decisions — most recently March 2019

21 state decisions

80199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*613 Ronald M. Friedman, Boca Raton, Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno and Herman J. Russomanno and Beth F. Bloom, Miami, for appellant.

¶2Kubicki, Draper, Gallagher & McGrane and Betsy E. Gallagher and Miles McGrane, Miami, for appellees.

¶3Before NESBITT, FERGUSON and GODERICH, JJ.

¶4PER CURIAM.

¶5The test for harmful error is whether, but for such error, a different result may have been reached. Marks v. Delcastillo,386 So.2d 1259, 1267 n. 15 (Fla. 3d DCA 1980), rev. denied,397 So.2d 778 (Fla. 1981). Upon review of the record, we conclude that the alleged erroneous evidentiary rulings did not affect the outcome in this dental malpractice action. The evidence excluded was essentially cumulative, and the admitted medical testimony challenged here was not so prejudicial as to destroy the jury's impartiality. For these reasons, a new trial is not warranted. See Kennedy v. Brago,544 So.2d 216 (Fla. 3d DCA 1989); Jefferson Disposal Co. v. Green,311 So.2d 785 (Fla. 3d DCA 1975).

¶6Competent and substantial evidence was presented from which the jury could have concluded, in its general verdict, that the plaintiff was not lulled into a six month delay in seeking surgical attention owing to negligent actions on the part of the defendant doctor, or that the delay in seeking surgical intervention was not a cause of the injury. Because no harmful error is shown, and the jury verdict is supported by competent evidence, there are no grounds for reversal. Thompson v. Jacobs,314 So.2d 797 (Fla. 1st DCA 1975).

¶7Affirmed.

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