CATHERINE HOWARD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CAROLYN HOWARD, DECEASED, AND DERICK DEWAYNE HOWARD, A MINOR, ALDEN MITCHEL HOWARD, A MINOR, CHILDREN OF CAROLYN HOWARD; AND MITCHELL GREEN, FATHER AND NEXT FRIEND OF DERICK DEWAYNE HOWARD AND ALDEN MITCHELL HOWARD, APPELLANTS,
v.
DEPARTMENT OF HEALTH AND REHABILITATION SERVICES, INC., D/B/A DADE COUNTY DEPARTMENT OF PUBLIC HEALTH, 79TH STREET UNIT, JUANITA MANN CENTER, APPELLEE
CATHERINE HOWARD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CAROLYN HOWARD, DECEASED, AND DERICK DEWAYNE HOWARD, A MINOR, ALDEN MITCHEL HOWARD, A MINOR, CHILDREN OF CAROLYN HOWARD; AND MITCHELL GREEN, FATHER AND NEXT FRIEND OF DERICK DEWAYNE HOWARD AND ALDEN MITCHELL HOWARD, APPELLANTS,
DEPARTMENT OF HEALTH AND REHABILITATION SERVICES, INC., D/B/A DADE COUNTY DEPARTMENT OF PUBLIC HEALTH, 79TH STREET UNIT, JUANITA MANN CENTER, APPELLEE
541 So. 2d 117
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
At least one medical expert rendered a strong opinion, in the record, that the negligence of the health-care facility was a substantial factor contributing to the victim’s demise. It cannot be said, consequently, for the purpose of a summary judgment, that the defendant has demonstrated conclusively the nonexistence of a material dispute on the issue of proximate causation. Glotzer v. Moselle, 515 So. 2d 375 (Fla. 4th DCA 1987); Sprague v. Coral Cadillac, Inc., 515 So. 2d 376 (Fla. 4th DCA 1987); Fleischman v. Perez, 491 So. 2d 1191 (Fla. 3d DCA 1986). A trial court may not weigh contradictory depositions or affidavits on matters of fact in entering a summary judgment.
REVERSED AND REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bogorff v. Kjell Koch, M.D., 547 So. 2d 1223 (Fla. 3d DCA 1989)…its.” Moore, 475 So. 2d at 668. Only in the complete absence of any genuine issue of material fact should summary judgment be granted, Moore; Holl v. Talcott, 191 So. 2d 40 (Fla.1966); see also Howard v. Department of Health & Rehabilitation Servs., 541 So. 2d 117 (Fla. 3d DCA 1989); otherwise, the trial court should submit the cause to the jury. The court’s immediate concern extends only to the statute of limitations and the asserted existence of fraudulent concealment tolling the statute. Moore; Sitomer; Sc…
Authorities Cited
- Dirk Fleischman, D.D.S. v. Fortuna Perez, 491 So. 2d 1191 (Fla. 3d DCA 1986)
- Glotzer v. Herbert I. Moselle, M.D., 515 So. 2d 375 (Fla. 4th DCA 1987)
- Sprague v. Coral Cadillac, Inc., 515 So. 2d 376 (Fla. 4th DCA 1987)