LEONARD GABAY, APPELLANT,

v.

CAROLYN GABAY, APPELLEE

Citator

Cited By

• Fla. Patient's Comp. Fund v. Sitomer, 524 So. 2d 671 (Fla. 4th DCA 1988)
  …riod. While the plaintiff may not have actual knowledge of the negligence, if the plaintiff should have known that the injury was caused by tortious conduct, through constructive notice, then the limitations period begins to run. See Humber v. Ross, 509 So. 2d 356 (Fla 4th DCA 1987). Thus, the statute of limitations in a medical malpractice case begins to run when the plaintiff has been put on notice of an invasion of his legal rights, which occurs when the plaintiff has notice of either the negligent act giv…
• Jackson v. George A. Georgopolous, M.D., 552 So. 2d 215 (Fla. 2d DCA 1989)
  …riod. While the plaintiff may not have actual knowledge of the negligence, if the plaintiff should have known that the injury was caused by tortious conduct, through constructive notice, then the limitations period begins to run. See Humber v. Ross, 509 So. 2d 356, 359 (Fla. 4th DCA 1987). Thus, the statute of limitations in a medical malpractice case begins to run when the plaintiff has been put on notice of an invasion of his legal rights, which occurs when the plaintiff has notice of either the negligent a…
• Elliot v. Mark V. Barrow, M.D., 526 So. 2d 989 (Fla. 1st DCA 1988)
  …in assuring the plaintiff no harm resulted. Moore v. Morris, 475 So. 2d 666 (Fla.1985); Schafer v. Lehrer. On the other hand, if plaintiff either should have or did have actual knowledge of the negligence, the statute begins to run. Humber v. Ross, 509 So. 2d 356 (Fla. 4th DCA 1987); Frankowitz v. Propst, 489 So. 2d 51 (Fla. 4th DCA 1986). Whether the plaintiff has such knowledge or constructive knowledge is a question of fact. As such, depending on the circumstances of a particular case, whether the action…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Marcoux v. Marcoux, 464 So. 2d 542 (Fla. 1985)