JOHN WEST, APPELLANT,

v.

QUORUM HEALTH RESOURCES, LLC, MICHAEL KOZAR, AND CHUCK ELLIS, APPELLEES

Citator

Cited By

• Joseph S. Chirillo, Jr., M.D. v. Granicz, 199 So. 3d 246 (Fla. 2016)
  …relationship. The determination of duty, as an element of negligence, is a question of law, McCain v. Florida Power Corp., 593 So. 2d 500, 502 (Fla.1992), and is therefore subject to de novo review, Estate of Rotell ex [*249] rel. Rotell v. Kuehnle, 38 So. 3d 783, 785 (Fla. 2d DCA 2010). We also review de novo a trial court’s granting of summary judgment. Volusia Cty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000). Our opinion in McCain is “the starting point for any duty analysis under F…
• Alderman v. BCI Eng'rs & Scientists, Inc., 68 So. 3d 396 (Fla. 2d DCA 2011)
  …ng BCI’s motion for summary judgment on the breach of contract claim. When there is an issue of fact concerning whether a professional has met the standard of care, it is error to grant a summary judgment. Estate of Rotell ex rel. Rotell v. Kuehnle, 38 So. 3d 783, 790 (Fla. 2d DCA 2010); Stuyvesant Ins. Co. v. Square D. Co., 399 So. 2d 1102, 1104 (Fla. 3d DCA 1981); Schauer v. Blair Constr. Co., 374 So. 2d 1160, 1161-62 (Fla. 4th DCA 1979). Because the circuit court expressly declined to address any of the o…
• Knight v. Merhige, 133 So. 3d 1140 (Fla. 4th DCA 2014)
  …rule. A defendant’s liability for the criminal acts of third parties is often linked to a “special relationship” with the plaintiff. See T.W. v. Regal Trace, Ltd., 908 So. 2d 499, 503 (Fla. 4th DCA 2005); Estate of Rotell ex rel. Rotell v. Kuehnle, 38 So. 3d 783, 790-91 (Fla. 2d DCA 2010) (Altenbernd, J., concurring) (observing that in a negligence action, it is a “relationship” that justifies “the creation of a legal duty”). These “relationships are protective by nature, requiring the defendant to guard hi…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)