Petitioner: RICHARD FRIDERICH, F/K/A ESTATE OF JAN FRIDERICH
Respondent: ROBERT M. COLLINS
Judges: LARRY J. SARTIN
Agency: Medical Arbitration
Locations: West Palm Beach, Florida
Filed: Dec. 19, 1994
Status: Closed
DOAH Final Order on Friday, July 21, 1995.
Latest Update: Jul. 21, 1995
Summary: Award for medical malpractice determined. No contributory negligence.
94-7062.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RICHARD FRIDERICH, on behalf of ) the Estate of Jan Friderich, ) Deceased, and RICHARD FRIDERICH, ) Individually, )
)
Claimant, )
)
vs. ) CASE NO. 94-7062MA
)
ROBERT M. COLLINS, M.D., )
)
Defendant. )
)
ARBITRATION AWARD
The final arbitration hearing in this case was held before Larry J. Sartin, Chief Arbitrator, Theodore Babbitt, Arbitrator, and Robert Banker, Arbitrator, on June 7, 1995, in West Palm Beach, Florida.
APPEARANCES
For Claimant: Christopher M. Larmoyeux, Esquire
Post Office Drawer 3086
West Palm Beach, Florida 33402
For Defendant: Eugene Ciotoli, Esquire
Michael S. Smith, Esquire
222 Lakeview Avenue Esperante, Sixth Floor
West Palm Beach, Florida 33401
AWARD
At the conclusion of the arbitration hearing, the following award was agreed to by the undersigned arbitrators and announced pursuant to Section 766.207, Florida Statutes:
Economic Damages, Section 766.207(7)(a), Florida Statutes:
Medical Bills 80 percent wage loss/earning
capacity: | $ 2,607.53 |
a. Past: |
| 6,420.00 |
b. Future: 3. Replacement value |
services; | 68,544.00 |
personal and rental properties: |
| a. Past: | 20,470.00 |
| b. Future: | 286,601.44 |
4. | Funeral expenses | 2,571.72 |
Gross Economic Damages: | $ 387,214.69 |
Less collateral source payments: | (6,556.00) |
TOTAL ECONOMIC DAMAGES: | $ 380,658.69 |
Noneconomic Damages, Section 766.207(7)(b), Florida Statutes: TOTAL NONECONOMIC DAMAGES: |
$ 250,000.00 |
Interest, Section 766.207(7)(e): | 414.34 |
(8 percent per annum, Medical and Funeral Expenses)
TOTAL DAMAGES: $ 631,073.03
Attorneys' Fees and Costs, Section 766.207(7)(f): 94,660.96 TOTAL AWARD: $ 725,733.99
In addition to the foregoing, Defendant is to pay the costs associated with the arbitration proceeding: the fees of the arbitrators, other then the Chief Arbitrator, and the cost of the court reporter.
The arbitration award is to be paid to Richard Friderich, as personal representative of the Estate of Jan Friderich, Deceased.
The arbitration award was announced at the conclusion of the arbitration hearing. The announcement of the award included findings of fact and conclusions of law. The findings of fact and conclusions of law announced at the conclusion of the arbitration hearing are hereby incorporated into this arbitration award.
The arbitration award was agreed to by the Chief Arbitrator and Arbitrator Theodore Babbitt. Arbitrator Robert Banker did not agree with the arbitration award.
DONE AND ENTERED this (undated) day of June, 1995, in Tallahassee, Florida.
(unsigned)
LARRY J. SARTIN, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
DONE AND ENTERED this 16th day of June, 1995, in West Palm Beach, Florida.
THEODORE BABBIT
Arbitrator
1801 Australian Avenue South Suite 200
West Palm Beach, Florida 33409
Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 1995.
COPIES FURNISHED:
Christopher M. Larmoyeux, Esquire Post Office Drawer 3086
West Palm Beach, Florida 33402
Eugene Ciotoli, Esquire Michael S. Smith, Esquire
222 Lakeview Avenue Esperante, Sixth Floor
West Palm Beach, Florida 33401
Theodore Babbitt, Esquire 1801 Australian Avenue South Suite 200
West Palm Beach, Florida 33409
Robert Banker, Esquire Post Office Box 1438 Tampa, Florida 33601-1438
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RICHARD FRIDERICH, on behalf of ) the Estate of Jan Friderich, ) Deceased, and RICHARD FRIDERICH, ) Individually, )
)
Claimant, )
)
vs. ) CASE NO. 94-7062MA
)
ROBERT M. COLLINS, M.D., )
)
Defendant. )
)
ORDER CLOSING FILE
The Arbitration Award in this case has been entered and filed with the office of the clerk of the Division of Administrative Hearings. Accordingly, it is
ORDERED that the file in this case is CLOSED.
DONE and ORDERED this 21st day of July, 1995, in Tallahassee, Florida.
LARRY J. SARTIN, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1995.
COPIES FURNISHED:
Christopher M. Larmoyeux, Esquire Post Office Drawer 3086
West Palm Beach, Florida 33402
Eugene Ciotoli, Esquire Michael S. Smith, Esquire
222 Lakeview Avenue Esperante, Sixth Floor
West Palm Beach, Florida 33401
Theodore Babbitt, Esquire 1801 Australian Avenue South Suite 200
West Palm Beach, Florida 33409
Lake Lytal, Jr., Esquire Northbridge Centre
515 North Flagler Drive 10th Floor
West Palm Beach, Florida 33401
Robert Banker, Esquire Post Office Box 1438 Tampa, Florida 33601-1438
Docket for Case No: 94-007062MA
| Issue Date |
Proceedings |
|
Jul. 21, 1995 |
Final Order (hearing held , 2013). CASE CLOSED.
|
|
Jul. 21, 1995 |
Order Closing File sent out. CASE CLOSED, Arbitration Award has been entered and filed. |
|
Jul. 20, 1995 |
Arbitration Award (from Theodore Babbitt); Cover Letter filed. |
|
Jun. 19, 1995 |
Letter to Theodore Babbitt from LJS sent out. (RE: enclosing original arbitration award) |
|
Jun. 19, 1995 |
(Joint) Pursuant to Stipulation of Counsel The Following Calculations Are Agreed to As to The Arbitration Award of June 7, 1995 filed. |
|
Jun. 09, 1995 |
Transcript w/cover letter filed. |
|
Jun. 07, 1995 |
CASE STATUS: Hearing Held. |
|
Jun. 06, 1995 |
Letter to LJS from Michael Smith (RE: enclosing economic report of M. Dimbath to be placed under exhibit 4 of Robert Collins, tagged) filed. |
|
Jun. 02, 1995 |
(Defendant) Notice of Filing original Affidavit of Robert M. Collins,M.D. in Support of Defendant`s Verified Motion for Disqualification of Plaintiff`s Arbitrators; Affidavit of Robert M. Collins, M.D. filed. |
|
Jun. 01, 1995 |
Order On Motion to Disqualify Arbitrator sent out. (Motion denied) |
|
Jun. 01, 1995 |
(Joint) Pretrial Stipulation w/cover letter filed. |
|
May 31, 1995 |
Defendant`s Proposed Arbitration Award; Defendant`s Proposed Findings of Fact and Conclusions of Law; Letter to LJS from Michael Smith (RE:2 copy of deposition of Kathy Danley, R.N. to be placed under exhibit 8), tagged filed. |
|
May 31, 1995 |
(Joint) Pretrial Stipulation filed. |
|
May 30, 1995 |
(Petitioner) Memorandum in Opposition to Defendant`s Verified Motion for Disqualification of Plaintiff`s Arbitrators filed. |
|
May 30, 1995 |
Defendant, Robert M. Collins, M.D.'s Exhibit List filed. |
|
May 30, 1995 |
(Petitioner) Memorandum in Opposition to Defendant`s Verified Motion for Disqualification of Plaintiff`s Arbitrators filed. |
|
May 23, 1995 |
(Defendant) Verified Motion for Disqualification of Arbitrators filed. |
|
May 19, 1995 |
Order Granting Motion for Extension of Time sent out. (Motion granted) |
|
May 19, 1995 |
Plaintiff's Exhibit List filed. |
|
May 18, 1995 |
Plaintiff's Exhibit List filed. |
|
May 17, 1995 |
(Defendant) Third Re-Notice of Taking Deposition filed. |
|
May 17, 1995 |
(Defendant) Motion for Extension of Time filed. |
|
May 17, 1995 |
Letter to LJS from Kelly Jo Schmedt (RE: Robert E. Banker has agreed to replace William E. Hahn as arbitrator) filed. |
|
May 12, 1995 |
(Claimant) Proposed Arbitration Award filed. |
|
May 11, 1995 |
Plaintiff's Proposed Attorney's Fees; (Plaintiff) Proposed Findings of Fact filed. |
|
May 08, 1995 |
(Defendant) Third RE-Notice of Taking Deposition filed. |
|
May 08, 1995 |
(Respondent) Second Re-Notice of Taking Deposition filed. |
|
May 08, 1995 |
(Respondent) (3) Third Re-Notice of Taking Deposition; Re-Notice of Taking Deposition filed. |
|
Apr. 27, 1995 |
Subpoena Ad Testificandum; Verified Return of Service filed. |
|
Apr. 21, 1995 |
(2) Subpoena Duces Tecum; (2) Verified Return of Service; Notice of Conflict; Letter to Honorable Scott M. Kenney from Eugene L. Ciotoli Re: Order Governing Summary Jury Trial filed. |
|
Apr. 19, 1995 |
(Respondent) Second Re-Notice of Taking Deposition (As to Time Only) filed. |
|
Apr. 10, 1995 |
(Petitioner) Cross-Notice of Taking Deposition filed. |
|
Apr. 07, 1995 |
(Petitioner) Cross-Notice of Taking Deposition filed. |
|
Apr. 07, 1995 |
(Defendant) (4) Re-Notice of Taking Deposition; Re-Notice of Taking Deposition (As to time only and location) filed. |
|
Apr. 03, 1995 |
(Respondent) Re-Notice of Taking Deposition filed. |
|
Apr. 03, 1995 |
(Respondent) (3) Re-Notice of Taking Deposition (Duces Tecum) filed. |
|
Mar. 31, 1995 |
(Respondent) (8) Notice of Taking Deposition filed. |
|
Mar. 27, 1995 |
Plaintiff`s Notice of Filing Mandatory Disclosure; Plaintiff`s Mandatory Disclosure; Notice of Filing Affidavit of Plaintiff Pursuant to Disclosure Rule 60Q-3.021; Affidavit of Plaintiff Pursuant to Disclosure Rule 60Q-3.021 filed. |
|
Mar. 24, 1995 |
Defendant`s Notice of Filing Mandatory Disclosure; Defendant`s Mandatory Disclosure filed. |
|
Feb. 28, 1995 |
Order Concerning Filing and Service of Pleadings sent out. |
|
Feb. 27, 1995 |
Letter to Hearing Officer from Jan Taylor Re: Trial Schedule filed. |
|
Feb. 17, 1995 |
Notice of Hearing sent out. (hearing set for 06/06-08/95;9:00AM;WPB) |
|
Jan. 27, 1995 |
Letter to Hearing Officer from J. Taylor re: Order concerning assessment arbitration and copy of trial calendar; Trial Calendar filed. |
|
Jan. 26, 1995 |
Plaintiff`s Arbitrators` Notice of Availability for Assessment Arbitration Hearing filed. |
|
Jan. 25, 1995 |
Defendant`s Notice of Availability for Assessment Arbitration Hearing filed. |
|
Jan. 23, 1995 |
Order sent out. (arbitrators are confirmed) |
|
Jan. 23, 1995 |
Letter to Hearing Officer from T. Babbitt re: Not available the month of July to attend arbitration filed. |
|
Jan. 20, 1995 |
Plaintiff`s Notice of Availability for Assessment Arbitration Hearing filed. |
|
Jan. 20, 1995 |
Plaintiff`s Notice of Availability for Assessment Arbitration Hearing filed. |
|
Jan. 17, 1995 |
(Defendant) Notice of Filing Affidavit of Arbitrator; Certificate of Arbitrator filed. |
|
Jan. 13, 1995 |
(Respondent) Notice of Filing Affidavit of Arbitrator; Certificate of Arbitrator w/cover letter filed. |
|
Jan. 13, 1995 |
Order Concerning Assessment Arbitration sent out. (parties shall respond in writing to arbitration by 1/25/95) |
|
Jan. 10, 1995 |
Plaintiff`s Notice of Filing List of Arbitrators; (2) Certificate of Arbitrator filed. |
|
Jan. 10, 1995 |
(Respondent) Notice of Selection of Alternate Arbitrators filed. |
|
Jan. 09, 1995 |
Plaintiff`s Notice of Filing List of Arbitrators; (2) Certificate of Arbitrator w/cover letter filed. |
|
Dec. 22, 1994 |
Certificate of Chief Arbitrator sent out. |
|
Dec. 22, 1994 |
Order Appointing Chief Arbitrator sent out. |
|
Dec. 22, 1994 |
Notice of Applicable Rules sent out. (Re: 60Q-3) |
|
Dec. 19, 1994 |
Cover letter from C. Larmoyeux; Agreement of Voluntary Binding Arbitration; (4) Notice of Intent to Initiate Litigation for Medical Malpractice; (4) Affidavit of James L. Whittle; (4) Curriculum Vitae filed. |
Orders for Case No: 94-007062MA
| Issue Date |
Document |
Summary |
|
Jul. 21, 1995 |
DOAH Final Order
|
Award for medical malpractice determined. No contributory negligence.
|
