JULIUS P. ROBINSON, APPELLANT,
v.
WILLIAM SPARER, M. D., APPELLEE
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PER CURIAM.
The plaintiff, Julius P. Robinson, appeals a summary final judgment for the defendant, William Sparer, M. D., in a medical malpractice action. The complaint alleged negligence in the treatment of difficulties “in the general area of the nose.” The summary final judgment was entered on the basis of a holding that the evidentiary matters before the court upon the motion demonstrated without genuine issue of material fact that the cause of action was barred by the statute of limitations. The record demonstrates without conflict that the plaintiff was aware of, and claimed damage because of, treatment and consultation with another physician more than two years prior to the filing of the complaint.
The judgment is affirmed upon the basis of Steiner v. Ciba-Geigy Corporation, 364 So. 2d 47 (Fla. 3d DCA 1978); Buck v. Mouradian, 100 So. 2d 70 (Fla. 3d DCA 1958); and Section 95.11(4)(b), Florida Statutes (1977).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. Chester Morris, M.D., 429 So. 2d 1209 (Fla. 3d DCA 1983)…time of the birth of the alleged negligence or of injury to the infant and therefore, the trial judge was correct in granting a summary judgment based on the statute of limitations. Nardone v. Reynolds, 333 So. 2d 25 (Fla.1976); Robinson v. Sparer, 365 So. 2d 438 (Fla. 3d DCA 1978); MacMurray v. Board of Regents, 362 So. 2d 969 (Fla. 1st DCA 1978); Hill v. Virgin, 359 So. 2d 918 (Fla. 3d DCA 1978); McCloud v. Hall, 180 So. 2d 509 (Fla. 2nd DCA 1965); Buck v. Mouradian, 100 So. 2d 70 (Fla. 3d DCA 1958). The…
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Bogorff v. Kjell Koch, M.D., 547 So. 2d 1223 (Fla. 3d DCA 1989)…ctice claim time-barred where injury resulting from alleged negligent administration of radiation was discovered within four years from date of injury but suit was not filed before expiration of four-year statute of limitations); Robinson v. Sparer, 365 So. 2d 438 (Fla. 3d DCA 1978) (malpractice action barred by statute of limitations where plaintiff was aware of and claimed damage from treatment by physician more than two years prior to filing complaint). See also Moore v. Morris, 475 So. 2d 666 (Fla.1985) (…
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Zeccola v. Ezzo, 370 So. 2d 38 (Fla. 3d DCA 1979)…than two years before the present action was filed. The summary judgment entered below for the defendant because of the bar of the statute of limitations, Section 95.-ll(4)(a), Florida Statutes (1975), is therefore affirmed. See Robinson v. Sparer, 365 So. 2d 438 (Fla. 3d DCA 1978); Steiner v. Ciba-Geigy Corp., 364 So. 2d 47 (Fla. 3d DCA 1978); compare Green v. Bartel, 365 So. 2d 785 (Fla. 3d DCA 1978); Rosen v. Sparber, 369 So. 2d 960 (Fla. 3d DCA 1978). Affirmed.…
Authorities Cited
- Quiroga v. State, 364 So. 2d 47 (Fla. 3d DCA 1978)
- Buck v. Mouradian, 100 So. 2d 70 (Fla. 3d DCA 1958)