North Broward Hospital District v. Kalitan
174 So. 3d 403
| Fla. Dist. Ct. App. | 2015Background
- This case consolidates three appeals arising from a single medical malpractice incident involving Kalitan, with noneconomic damages capped under 766.118.
- Florida Supreme Court decision in McCall held noneconomic caps in wrongful death actions violate equal protection, guiding the present analysis.
- Plaintiffs challenge caps in personal injury context; Defendants argue distinctions from wrongful death cases, but McCall guidance applies.
- Jury found catastrophic injury and that the University was vicariously liable for the Nurse; noneconomic damages were capped.
- Trial court reduced noneconomic damages based on caps and sovereign immunity; appellate review addresses constitutionality and liability questions.
- Court applies McCall retroactively, reinstates jury damages, and reverses the University’s vicarious liability for the Nurse; other awards affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do McCall caps apply to personal injury cases? | Kalitan applies McCall to personal injury damages. | Caps distinguish wrongful death from personal injury cases. | Yes; caps unconstitutional in personal injury context. |
| Are McCall's teachings retroactive to pending cases? | McCall should apply to current case. | McCall should be prospective only. | McCall applies retroactively to the instant case. |
| Is the University vicariously liable for the Nurse's actions? | University should be liable for Nurse's supervisory actions. | No pled vicarious liability; lack of consent/pleading; not proven. | Reversed; University not vicariously liable for Nurse; liability limited to party actually proven. |
Key Cases Cited
- Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014) (noneconomic caps in wrongful death unconstitutional under equal protection)
- Warren v. State Farm Mut. Auto. Ins. Co., 899 So.2d 1090 (Fla. 2005) (rational basis framework for public policy evaluation)
- Chastleton Corp. v. Sinclair, 264 U.S. 543 (1924) (emergency and changing facts affecting law’s application)
- Benyard v. Wainwright, 322 So.2d 473 (Fla. 1975) (sole power to determine prospective vs retroactive application of decision)
- Martinez v. Scanlan, 582 So.2d 1167 (Fla. 1991) (retroactive application considerations in Florida case law)