NAPLES PARK-VANDERBILT BEACH WATER DISTRICT, ETC., ET AL., PETITIONERS,
v.
MARTHA DOWNING AND CARL DOWNING, RESPONDENTS

Fla. | 1971-03-09
No. 40685
ROBERTS, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
245 So. 2d 257 Florida Supreme Court (1971) Caution
Cited by 8 cases

Opinion of the Court

Certiorari denied. 244 So.2d 464.

ROBERTS, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.


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  • Boynton v. Milton Burglass, M.D., 590 So. 2d 446 (Fla. 3d DCA 1991)
    …-65 (1985). Although Florida courts recognize that a physician owes a duty to warn members of a patient’s immediate family of the existence and dangers of a communicable disease, Hofmann v. Blackmon, 241 So. 2d 752 (Fla. 4th DCA 1970), cert. denied, 245 So. 2d 257 (Fla.1971), “[u]nlike a physician’s diagnosis, which can be verified by x-ray, surgery, etc., the psychiatrist cannot verify his diagnosis, treatment or predicted prognosis except by long-term follow-up and reporting.” Nesbitt v. Community Health of…
  • Pate v. James B. Threlkel, M.D., 661 So. 2d 278 (Fla. 1995)
    …ult only. . Pate’s husband alleged that his damages included, in addition to medical expenses, loss of his wife's support, attention, services, affection, and consortium. . See Hofmann v. Blackmon, 241 So. 2d 752 (Fla. 4th DCA 1970), cert, denied, 245 So. 2d 257 (Fla. 1971); Gill v. Hartford Accident & Indem. Co., 337 So. 2d 420 (Fla. 2d DCA 1976). . The facts of a particular case are not the only source that may give rise to a duty to avoid negligent acts. We have also recognized that a duty may arise fro…
  • Werner v. Varner, Stafford & Seaman, P.A., 659 So. 2d 1308 (Fla. 4th DCA 1995)
    …991). The only exception to the above-stated rule that had previously surfaced were cases dealing with readily identifiable third parties and contagious diseases. For instance, in Hoffman v. Bachman, 241 So. 2d 752 (Fla. 4th DCA 1970), cert. denied, 245 So. 2d 257 (Fla.1971), suit was brought on behalf of a child who had contracted tuberculosis from her father due to the alleged failure of the physi [*1310] cian to timely diagnose the father’s condition. On appeal, in reversing a summary judgment entered in f…

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