Third District Court of Appeal ()
The Third District Court of Appeal took a hands-off approach Wednesday to the medical malpractice case filed by former Miami Dolphins wide receiver O.J. McDuffie.
McDuffie won an $11 million award in 2010 against noted Miami orthopedist Dr. John Uribe. McDuffie blamed Uribe for clearing him to play after suffering what turned out to be a career-ending ligament injury in his big toe in 1999.
The verdict was thrown out by Miami-Dade Judge Michael Genden, who said he shouldn’t have allowed into evidence a medical manual. Uribe’s attorneys also claimed the jury was star struck because NFL Hall of Fame quarterback Dan Marino testified.
The Third District Court of Appeal refused to rehear a 2012 decision mandating a new trial and said it would wait for the retrial to decide the issue of entitlement to prejudgment interest.
McDuffie played for the Dolphins from 1993 to 2000.