ROBERT DUMIGAN, INDIVIDUALLY AND AS THE EXECUTOR OF THE ESTATE OF EDITH DUMIGAN
v.
HOLMES REGIONAL MEDICAL CENTER, INC., ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Summary judgment is improper when expert opinions conflict and material facts remain disputed regarding whether a hospital's negligent procedures in handling recalled heparin caused a patient's complications.
[1] When evaluating expert opinions at the summary judgment stage, the focus is on whether the affidavits show evidence of a nature that would be admissible at trial; questio…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.”
Court's statement of the standard for when summary judgment is improper due to disputed facts.
Robert Dumigan underwent cardiac bypass surgery at Holmes Regional Medical Center but suffered complications requiring double amputation. Dumigan alle…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Burden Of Proof Allocation cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ROBERT DUMIGAN, INDIVIDUALLY
AND AS THE EXECUTOR OF THE
ESTATE OF EDITH DUMIGAN,
Appellant,
v. Case No. 5D19-1491
HOLMES REGIONAL MEDICAL CENTER, INC., ET AL.,
Appellees.
_______________________________________/
Opinion filed March 27, 2020
Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge.
Stephen Joseph Biggie, of Arcadier, Biggie, and Wood, PLLC, Melbourne, for Appellant.
Andrew S. Bolin, of Bolin Law Group, Tampa, for Appellee, Holmes Regional Medical Center, Inc. No Appearance for Other Appellees.
PER CURIAM.
Robert Dumigan, individually and as the Executor of the Estate of Edith Dumigan, appeals the final summary judgment entered in favor of Holmes Regional Medical Center, Inc. (HRMC). Mr. Dumigan was admitted to HRMC for cardiac bypass surgery; however,
WALLIS and GROSSHANS, JJ., and JOLLEY, M.G., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Yosvani Gonzalez and Yenisleidy Perez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019)
- Leblanc v. Yuliya Markoa Acevedo, 258 So. 3d 555 (Fla. 5th DCA 2018)