Saying the case should go to trial, an appeals court Wednesday overturned a ruling that sided with CNN in a defamation lawsuit stemming from reports about deaths of children at a Palm Beach County hospital.
A three-judge panel of the 4th District Court of Appeal rejected a circuit judge’s decision that granted summary judgment to CNN in the lawsuit filed by surgeon Michael D. Black. Summary judgment rulings are issued without going to full-blown trials.
“We express no opinion on the merits of Dr. Black’s claim,” said Wednesday’s main opinion, written by Chief Judge Jeffrey Kuntz and joined by Judge Spencer Levine. “But Dr. Black presented evidence alleging CNN and its employees published a story implying Dr. Black’s allegedly deficient performance caused babies to die. The evidence is such that a reasonable jury could return a verdict for Dr. Black.”…