TRACY SHEILS AND WANDA SHEILS, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF TIMOTHY P. SHEILS, A MINOR, APPELLANTS,
v.
JACK ECKERD CORPORATION, A FLORIDA CORPORATION, APPELLEE

Fla. 2d DCA | 1990-04-27
No. 89-02680
HALL and PATTERSON, JJ., concur.
560 So. 2d 361 Florida District Court of Appeal, Second District (1990) Caution
Cited by 10 cases

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Synopsis

Parents of a minor child sued a pharmacy chain for damages resulting from a pharmacist's error in labeling a prescription drug with an incorrect dosage. The trial court granted summary judgment based on the two-year professional malpractice statute of limitations, and the appellate court affirmed, holding that the specific professional malpractice limitations period applies rather than the more general four-year products liability limitations period.


Holding

The two-year professional malpractice statute of limitations under Florida Statutes section 95.11(4)(a) applies, not the four-year products liability statute of limitations under section 95.11(3), because the more specific statute governing professional malpractice takes precedence over the more general products liability statute, even though it provides a shorter limitations period.


Headnotes

[1] A statute of limitations for professional malpractice applies to claims arising from a pharmacist's error in labeling a prescription, even if the claim is framed as a pro…

[2] When two statutes of limitations conflict or there is a question as to which applies, the shorter limitations period is generally favored in Florida due to a liberal cons…

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Key Quotes

“It is not disputed in this case that but for the alleged negligence of appellee's pharmacist there would have been no error in the prescribed dosage and appellants would have no cause of action under any theory.”

Establishes that the claim fundamentally arises from professional negligence, making the professional malpractice statute applicable regardless of how the claim is labeled.

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Facts & Procedural History

On January 9, 1984, a pharmacist at an Eckerd pharmacy mislabeled a Dimetapp prescription for the plaintiffs' minor child Timothy, specifying two teas…

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Opinion of the Court
CAMPBELL, Chief Judge.

CAMPBELL, Chief Judge.

In this appeal, appellants, plaintiffs below, Tracy Sheils and Wanda Owens Sheils, challenge the final summary judgment for appellee, defendant below, Jack Eckerd Corporation. The summary judgment held that appellants’ cause of action was barred by section 95.11(4)(a), Florida Statutes (1987), the two-year statute of limitations for professional malpractice. Appellants argued below and again on appeal that because they brought their cause of action as a products liability cause of action, section 95.11(3), Florida Statutes (1987), the four-year statute of limitations applicable generally to products liability cases, should apply.

We agree with the trial judge that the professional malpractice statute of limitations, section 95.11(4)(a), is the applicable statute and, therefore, affirm this summary judgment.

Appellants are the parents of Timothy P. Sheils, a minor. Appellee is the owner of a chain of retail stores that include pharmacies for the purpose of dispensing prescription drugs.

On January 9, 1984, Timothy’s mother, appellant Wanda Sheils, presented the pharmacist at appellee’s pharmacy on North Highway 98 in Lakeland, Polk County, Florida, with a prescription for Timothy for a drug called Dimetapp that had been prescribed by a medical doctor. The prescription called for a dosage of one-half teaspoon of Dimetapp four times a day. When appellee’s pharmacist prepared the label that was then affixed to the bottle of Dimetapp, it was erroneously prepared to call for two teaspoons four times a day. This amount was four times the dosage prescribed by the medical doctor. The dosage error in the labeling of the prescription was not discovered until appellants returned the bottle for a refill of this prescription.

Appellants filed their four-count complaint seeking compensatory damages for the alleged resulting injury to Timothy Sheils based on strict liability, negligence and breach of warranty. They also requested punitive damages.

It is not disputed that appellee’s pharmacist is a “professional” within the meaning of section 95.11(4)(a), and that if appellants had sued the pharmacist, the two-year statute of limitations for professional malpractice under section 95.11(4)(a) would apply. Appellants forcefully and ably argue, however, that because they chose to sue the corporate appellee, rather than its pharmacist, and to structure their complaint around a cause of action based on strict liability arising out of a sale of a defectively labeled product, rather than an action for professional malpractice, then section 95.11(3), the four-year statute of limitations for products liability applies. Regardless of the forcefulness of appellants’ argument, the two most, applicable, reasonable and persuasive of the rules of statutory construction force us to conclude that section 95.11(4)(a) relating to limitations on professional malpractice actions is the proper statute to be applied to the particular circumstances of this case. It is not disputed in this case that but for the alleged negligence of appellee’s pharmacist there would have been no error in the prescribed dosage and appellants would have no cause of action under any theory.

The first applicable rule of statutory construction is that where there are two conflicting statutes of limitations, one imposing a shorter limitations period than the other, or where there is a substantial question which of two or more statutes should be applied, the issue is often resolved on the basis of whether the jurisdiction in question favors a strict or liberal construction of such statutes. When a liberal construction is favored, the shorter limitations period is usually held to be applicable. See 54 C.J.S. Limitations of Actions § 6(b) (1987); 51 Am.Jur.2d Limitation of Actions §§ 50, 63 (1970).

Florida has generally been recognized to favor liberality in its construction of statutes of limitations, such statutes being considered remedial in nature. 35 Fla.Jur.2d Limitations and Laches §§ 4, 11 (1982).

Indeed, in Lucom v. Atlantic National Bank of West Palm Beach, Florida, 354 F. 2d 51, 54 (5th Cir.1965), cert. denied, 385 U.S. 898, 87 S.Ct. 199, 17 L.Ed.2d 130 (1966), the court, in offering its interpretation of several Florida Supreme Court cases, specifically stated that “Florida cases hold that when two statutes limit the time in which an action may be brought, both apply and the dilatory litigant is caught by whichever runs first.”

We need not rely, however, only on a strict versus liberal construction argument in order to agree with the trial judge that the specific professional malpractice two-year limitation of section 95.11(4)(a) applies and that the more general products liability limitation of section 95.11(3) does not apply. The rules of construction governing the interpretation of general statutory provisions are equally applicable to statutes of limitations.

Therefore, the second applicable rule of statutory construction is that where a general law that applies to numerous classes of cases conflicts with the law that applies only to a particular class, the latter, or more specific law, generally controls even when, in regard to statutes.of limitations, the general provision provides for a longer period than the more specific provision. 54 C.J.S. Limitations of Actions § 6(a) (1987).

This court has repeatedly followed the general rule that a more specific statute covering a particular subject controls over another statute covering the same subject in more general terms. State v. Billie, 497 So. 2d 889 (Fla. 2d DCA 1986); Floyd v. Bentley, 496 So. 2d 862 (Fla. 2d DCA 1986).

See also Department of Health and Rehabilitative Services v. American Healthcorp of Vero Beach, Inc., 471 So. 2d 1312 (Fla. 1st DCA 1985).

Moreover, this court has specifically held that a specific statute of limitations addressing itself to a specific matter takes precedence over a more general statute of limitations even though the specific statute provides for a shorter period of limitations. Dubin v. Dow Corning Corp., 478 So. 2d 71 (Fla. 2d DCA 1985).

Section 95.11(4)(a), providing a two-year statute of limitations for actions for professional malpractice was, therefore, applicable, as the trial judge ruled, to bar appellants’ action. We have considered the cases cited by appellants and while we do not necessarily disagree with any of them, we consider them to be, in light of our reasoning applied to this case, inapplicable. See West v. Caterpillar Tractor Co., Inc., 336 So. 2d 80 (Fla.1976); Adobe Building Centers, Inc. v. Reynolds, 403 So. 2d 1033 (Fla. 4th DCA 1981); Steiner v. Ciba-Geigy Corp., 364 So. 2d 47 (Fla. 3d DCA 1978); E.R. Squibb & Sons, Inc. v. Jordan, 254 So. 2d 17 (Fla. 1st DCA 1971).

Affirmed.

HALL and PATTERSON, JJ., concur.


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Citator

Cited By

  • Arthur v. Unicare Health Facilities, Inc., 602 So. 2d 596 (Fla. 2d DCA 1992)
    …ose liability is strictly vicarious, can enjoy the benefits of the medical malpractice statute of limitations if liability is predicated solely upon the acts of a professional employee who has the benefit of the statute. Sheils v. Jack Eckerd Corp., 560 So. 2d 361 (Fla. 2d DCA1990). We do not address this issue as it applies to the facts of this case, nor the question of whether such benefit can accrue to an employer when its liability rests on a mixture of acts performed by professional and nonprofessional e…
  • Berisford v. Jack Eckerd Corp., 667 So. 2d 809 (Fla. 4th DCA 1995)
    …ff contends that the professional malpractice statute of limitations, which provides a two-year period running from the “time the cause of action is discovered or should have been discovered,” governs. See § 95.11(4)(a); Shells v. Jack Eckerd Corp., 560 So. 2d 361 (Fla. 2d DCA 1990). The pharmacy contends that the two-year wrongful death statute applies so that this cause of action would run from the date of death. See § 95.11(4)(d); Arthur v. Unicare Health Facilities, Inc., 602 So. 2d 596 (Fla. 2d DCA 1992)…
  • Deneace M. Joshua v. City OF Gainesville, 734 So. 2d 1068 (Fla. 1st DCA 1999)
    …ule, “a more specific statute covering a particular subject controls over another statute covering the same subject in more general terms,” “even though the specific statute provides for a shorter period of limitations.” Sheils v. Jack Eckerd Corp., 560 So. 2d 361, 363 (Fla. 2d DCA 1990); Dubin v. Dow Corning Corp., 478 So. 2d 71 (Fla. 2d DCA 1985). Therefore, as subsection (5) of the current Act specifically addresses the applicable time period for bringing a cause of action pursuant to the Act, the more gen…

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