STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARY CHESTER, Individually and ) as personal representative of ) the estate of CHARLES CHESTER, )
)
Claimants, )
)
vs. ) Case No. 98-2083MA
)
VICTOR DOIG, M.D., )
)
Defendant. )
)
ARBITRATION AWARD
The final arbitration hearing in this case was held before Larry J. Sartin, Chief Arbitrator; Lawrence O. Sands, Arbitrator; and Frank E. Pierce, III, Arbitrator, on December 3, 1998, in Daytona Beach, Florida.
APPEARANCES
For Claimants: Lake Lytal, Jr., Esquire
Lytal, Reiter, Clark, Fountain & Williams, LLP
515 North Flagler Drive, 10th Floor West Palm Beach, Florida 33402-4056
For Defendant: James W. Smith, Esquire
Mary K. Roddenberry, Esquire
Smith, Schoder, Bouck & Roddenberry, P.A. 605 South Ridgewood Avenue
Daytona Beach, Florida 32114
AWARD
The following award was agreed to by a majority of the arbitration panel pursuant Section 766.207, Florida Statutes.
Economic Damages
Section 766.207(7)(a), Florida Statutes:
Funeral Expenses | $ 4,839.00 | |
80% of Wage Loss | 9,594.00 | |
80% of Lost Earning (Present Value) | Capacity | 15,163.00 |
Lost Services (Present Value) | 72,000.00 | |
Social Security (Present Value) | 78,000.00 | |
Retirement Benefits (Present Value) | 30,725.00 | |
Total Economic Damages | $210.321.00 | |
Noneconomic Damages Section 766.207(7)(b), Florida Statutes: | 250,000.00 | |
TOTAL DAMAGES: | $460,321.00 | |
Attorneys’ Fees and Costs Section 766.207(7)(f), Florida Statutes: | $ 47,000.00 | |
TOTAL AWARD: | $507.321.00 | |
No off-set from the award of non-economic | damages is allowed | |
for the $150,000.00 received by Claimants from | a settlement with | |
another defendant. The only off-set specifically provided in Section 766.207, Florida Statutes, is for "collateral sources" which may reduce economic damages. Consequently, no determination was made by the arbitration panel as to whether such a set-off, if allowed, should be applied against the
$250,000.00 non-economic damages award or whether it should be applied against some amount in excess of the cap on non-economic damages.
In addition to the foregoing award, Defendant is to pay the
costs associated with the arbitration hearing: the fees of the arbitrators other than the Chief Arbitrator; and the costs of the court reporter. The arbitrators shall be paid based upon a rate of $750.00 per day.
DONE AND ORDERED this 21st day of December, 1998, in Tallahassee, Leon County, Florida.
LARRY J. SARTIN, Chief Arbitrator Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
Filed with the Clerk of the Division of Administrative Hearings this 21st day of December, 1998.
DONE AND ORDERED this 17th day of December, 1998, in Daytona Beach, Volusia County, Florida.
Lawrence O. Sands, Esquire Arbitrator
760 White Street
Daytona Beach, Florida 32115 (904) 258-1622
Filed with the Clerk of the Division of Administrative Hearings this 21st day of December, 1998.
COPIES FURNISHED:
Lake Lytal, Jr., Esquire Lytal, Reiter, Clark, Fountain
& Williams, LLP
515 North Flagler Drive, 10th Floor
West Palm Beach, Florida 33402-4056
James W. Smith, Esquire
Smith, Schoder, Bouck & Roddenberry, P.A. 605 South Ridgewood Avenue
Daytona Beach, Florida 32114
Lawrence O. Sands, Esquire Arbitrator
760 White Street
Daytona Beach, Florida 32115
Frank E. Pierce, III, Esquire Arbitrator
760 East Robinson, Suite 450
Orlando, Florida 32801
| Issue Date | Proceedings |
|---|---|
| Aug. 14, 2003 | Order Closing File. CASE CLOSED. |
| Jul. 18, 2003 | Order Granting Continuance (parties to advise status by August 1, 2003). |
| Jul. 17, 2003 | Letter to Judge Sartin from J. Carrol, J. Littky-Rubin stating the parties have settled the attorneys` fees matter (filed via facsimile). |
| Jun. 17, 2003 | Notice of Hearing (hearing set for July 21, 2003; 1:00 p.m.; Orlando, FL). |
| Jun. 06, 2003 | Response to Order to Provide Information filed. |
| May 27, 2003 | Order to Provide Information issued. (on or before June 6, 2003, the parties shall provided information) |
| May 22, 2003 | Defendant Dr. Victor Doig`s Response to Claimant`s Motion to Assess Appellate Attorneys` Fees filed. |
| May 14, 2003 | Order Reopening File (CASE REOPENED) issued. |
| Apr. 22, 2003 | Claimant, Mary Chester`s Motion to Assess Appellate Attorneys` Fees filed. |
| Apr. 18, 2003 | Mandate filed. |
| Apr. 18, 2003 | Order from the Fifth District Court: Prior mandate and opinion of this court are withdrawn filed. |
| Mar. 31, 2003 | Supreme Court of Florida (Respondent`s motion for rehearing and/or clarification is denied) filed. |
| Apr. 30, 2001 | SUPREME COURT OF FLORIDA (Respondent`s motion for extension of time is granted) filed. |
| Mar. 22, 2001 | SUPREME COURT OF FLORIDA (Petitioner`s motion for extension of time is granted). filed. |
| Mar. 05, 2001 | SUPREME COURT OF FLORIDA (Case style has been changed). filed. |
| Feb. 23, 2001 | Acknowledgement of New Case filed. |
| Feb. 23, 2001 | Mandate filed. |
| Feb. 23, 2001 | Opinion filed. |
| Feb. 23, 2001 | Order Postponing Decision on Jurisdiction and Briefing Schedule, from the Supreme Court filed. |
| Oct. 30, 2000 | Opinion filed. |
| Aug. 22, 2000 | Order Closing File issued. CASE CLOSED. |
| Aug. 01, 2000 | Ltr. to Judge L. Sartin from J. Rubin In re: order reopening file. (filed via facsimile) |
| Jul. 13, 2000 | Order Reopening File on Remand 1-FILE (CASE REOPENED.) |
| Jul. 10, 2000 | BY ORDER OF THE COURT (Order awarding appellate attorney`s fees is vacated and withdrawn, Motion for attorney`s fees and costs is remanded to DOAH) filed. |
| Jul. 05, 2000 | BY ORDER OF THE COURT (case remanded to the Circuit Court for Volusia County to determine and assess reasonable attorney`s fees) filed. |
| Jul. 03, 2000 | Opinion filed. |
| Jul. 26, 1999 | BY ORDER OF THE COURT (response to the order to show cause is noted and the record that was filed on 7/19/99 is accepted) filed. |
| Jul. 19, 1999 | Letter to Deanna Hartford from Jennifer Carroll with an Affidavit attached for signature (filed via facsimile). |
| Jul. 16, 1999 | BY ORDER OF THE COURT (appellant to file with the court an order to show cause within 10 days) filed. |
| Jul. 16, 1999 | Index, Record, Certificate of Record sent out. |
| May 10, 1999 | BY ORDER OF THE COURT (enlargement of time is granted for filing appellee`s answer brief) filed. |
| Mar. 22, 1999 | Index sent out. |
| Mar. 15, 1999 | BY ORDER OF THE COURT (Motion to dismiss appeal is Denied,Motion to Expedite appeal is Denied, Motion for extension of time is Granted) filed. |
| Mar. 11, 1999 | Transcript (Arbitration Hearing) filed. |
| Mar. 08, 1999 | Motion for Extension of Time (on behalf of Clerk) for Preparation of Index to Record on Appeal (Appellant) rec`d |
| Feb. 08, 1999 | Amended Acknowledgment of Notice of Appeal rec`d |
| Jan. 29, 1999 | Motion to Expedite Appeal (Appellant) rec`d |
| Jan. 27, 1999 | Directions to the Clerk and Designations to Reporter and Reporter`s Acknowledgment rec`d |
| Jan. 19, 1999 | Fifth DCA Case No. 5-99-116 rec`d |
| Jan. 14, 1999 | Notice of Administrative Appeal filed. |
| Dec. 21, 1998 | CASE CLOSED. Arbitration Award sent out. Hearing held 12/03/98. |
| Dec. 21, 1998 | (L. Sands) Arbitration Award filed. |
| Dec. 08, 1998 | Certificate of Chief Arbitrator sent out. |
| Dec. 04, 1998 | Claimants` Supplemental Statement Regarding Request for Attorneys` Fees filed. |
| Dec. 03, 1998 | Respondent`s Proposed Arbitration Award (filed at hearing) filed. |
| Dec. 03, 1998 | CASE STATUS: Hearing Held. |
| Dec. 02, 1998 | Respondent`s Proposed Arbitration Award (filed via facsimile). |
| Dec. 02, 1998 | (Claimants) Notice of Service of Proposed Arbitration Award; Arbitration Award filed. |
| Dec. 01, 1998 | Defendant`s Amendment to Prehearing Stipulation (filed via facsimile). |
| Dec. 01, 1998 | Respondent`s Supplemental Disclosure of Exhibit in Compliance With Florida Administrative Code Chapter 60Q-3.014; Deposition of James Shoemaker filed. |
| Nov. 24, 1998 | (L. Lytal) Notice of Service of Supplemental Exhibit for Use at Arbitration Hearing filed. |
| Nov. 23, 1998 | (L. Lytal) Notice of Service; Arbitration Award filed. |
| Nov. 23, 1998 | (L. Lytal) Notice of Service of Exhibits for Use at Arbitration Hearing; Claimant`s Exhibit List; Exhibits filed. |
| Nov. 20, 1998 | Order Appointing Chief Arbitrator sent out. |
| Nov. 20, 1998 | Respondent`s Exhibits in Compliance With Florida Administrative Code Chapter 60Q-3.014; 1 Notebook Exhibits filed. |
| Nov. 19, 1998 | (J. Smith) Prehearing Stipulation filed. |
| Nov. 18, 1998 | (L. Lytal) Last page of pleading for Claimants` Statement Regarding Request for Attorneys` Fees filed. |
| Nov. 18, 1998 | Claimants` Statement Regarding Request for Attorneys` Fees filed. |
| Nov. 17, 1998 | Letter to J. Smith from C. Finke Re: Withdrawing subpoena duces tecum and notice of deposition filed. |
| Nov. 16, 1998 | (Respondent) Notice of Taking Deposition Duces Tecum; *Notice of Taking Deposition filed. |
| Nov. 10, 1998 | (Respondent) 3/Notice of Taking Deposition Duces Tecum filed. |
| Nov. 09, 1998 | (Respondent) Notice of Taking Deposition Duces Tecum filed. |
| Oct. 16, 1998 | (L. Lytal) Notice of Taking Telephone Deposition filed. |
| Sep. 18, 1998 | Letter to RH from J. Smith Re: Responses filed. |
| Sep. 17, 1998 | Defendant`s Form Disclosure; Unsworn Statement of Mary Chester filed. |
| Sep. 16, 1998 | (Respondent) Certificate of Service; Defendant`s Form Disclosure (filed via facsimile). |
| Sep. 14, 1998 | Letter to RAH from James Smith (RE: notification of filing responses) (filed via facsimile). |
| Sep. 11, 1998 | Claimant`s Mandatory Form Disclosure filed. |
| Sep. 04, 1998 | (Respondent) Notice of Filing; Certificate filed. |
| Jul. 31, 1998 | Letter to L. Lytal & CC: Parties of Record from Judge Hixson (re: sworn deposition) sent out. |
| Jul. 23, 1998 | Letter to RH from L. Lytal Re: Unsworn statement filed. |
| Jul. 02, 1998 | Notice of Hearing sent out. (hearing set for 12/3/98; 9:00am; Daytona Beach) |
| Jul. 01, 1998 | Order Confirming Arbitrators sent out. |
| Jul. 01, 1998 | Order Confirming Arbitrators sent out. |
| Jun. 29, 1998 | (L. Lytal) Notice of Compliance With Order Concerning Assessment A arbitration filed. |
| Jun. 26, 1998 | Certificate of Respondent`s Arbitrator; Certificate of Service filed. |
| Jun. 19, 1998 | Motion to Amend Designation of Respondent`s Arbitrator or in the Alternative Substitute Arbitrator filed. |
| Jun. 12, 1998 | Order Concerning Assessment Arbitration sent out. |
| Jun. 12, 1998 | Order Confirming Arbitrators sent out. |
| Jun. 10, 1998 | Certificate of Respondent`s Arbitrator filed. |
| May 28, 1998 | (L. Sands) Certificate of Claimant`s Arbitrator filed. |
| May 12, 1998 | Certificate of Chief Arbitrator sent out. |
| May 12, 1998 | Notice of Applicable Rules and Order Concerning Service of Pleadings sent out. |
| May 12, 1998 | Order Appointing Chief Arbitrator sent out. |
| May 07, 1998 | Joint Request for Arbitration; (3) Notice of Intent to Initiate Litigation for Medical Malpractice, letter form; Cover Letter from J. Smith filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 16, 2003 | Mandate | |
| Feb. 26, 2003 | Supreme Court Mandate | |
| Feb. 02, 2001 | Second Opinion | |
| Oct. 27, 2000 | Opinion | |
| Jul. 07, 2000 | Remanded from the Agency | |
| Jul. 03, 2000 | Upper Tribunal Document Filed | Case remanded to the Volusia County Circuit to determine and assess reasonable attorney`s fees. |
| Dec. 21, 1998 | DOAH Final Order | Award made for medical negligence. |
