James L. Peoples v. State Florida

Mr. and Mrs. Vandergrift, plaintiffs in this medical malpractice case, appeal from a final judgment which awarded $12,500 to Mr. Vandergrift and nothing to his wife. The judgment is based upon a jury verdict which determined Mr. Vandergrifts total damages to be $125,000 and found him to be 90 percent negligent and the defendant hospital to be 10 percent negligent. The primary issue on appeal is whether the trial court erred in denying the plaintiffs motion for directed verdict on the issue of Mr. Vandergrifts contributory negligence. Plaintiffs contend that any contributory negligence on the part of Mr. Vandergrift prior to the time he came to the defendant hospital is not available to the hospital as a defense. Based upon the facts of this case we reject plaintiffs contention and affirm.