BERNAL v. LIPP

No. 90-2786.

580 So.2d 315 (1991)

Rosa J. BERNAL and Jose M. Bernal, Appellants, v. Donald H. LIPP, D.P.M. and Donald H. Lipp, D.P.M., P.A. Appellees.

District Court of Appeal of Florida, Third District.

May 28, 1991.


Attorney(s) appearing for the Case

Hinshaw & Culbertson, and John E. Herndon, Jr., Miami, for appellants.

No appearance for appellees.

Before HUBBART, BASKIN and COPE, JJ.


PER CURIAM.

Plaintiffs Rosa and Jose Bernal appeal an adverse final judgment and assign as error the denial of their motion for new trial. We reverse.

Plaintiffs sued appellee Donald Lipp, alleging medical negligence. During voir dire examination by plaintiffs' counsel, the potential jurors were asked collectively if they had sued someone or had been sued, or had been a plaintiff or defendant in a lawsuit. For each of the jurors responding affirmatively, plaintiffs...

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