CORDELIA WALLACE, APPELLANT,
v.
P. L. DODGE MEMORIAL HOSPITAL ET AL., APPELLEES

Fla. 3d DCA | 1978-03-07
No. 77-207
Before HAVERFIELD, C. J., and NATHAN and HUBBART, JJ.
355 So. 2d 855 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 4 cases

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiff Cordelia Wallace appeals a final summary judgment in a negligence action in favor of the defendant P. L. Dodge Memorial Hospital and its insurer Appalachian Insurance Company and contends that the entry of such judgment was error because inter alia there was a genuine issue of material fact as to the alleged negligence of the defendant hospital in failing to provide adequate attendants to protect the plaintiff as an invitee of the hospital against a violent attack by one of its mental patients. We agree and reverse the judgment appealed from for further proceedings solely as to that issue. No other genuine issue of material fact exists in this case. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); North Broward Hospital District v. Adams, 143 So. 2d 355, 356 (Fla.2d DCA 1962).


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  • Cordelia Wallace v. P. L. Dodge Mem'l Hosp., 399 So. 2d 114 (Fla. 3d DCA 1981)
    …nting. I respectfully dissent from the majority opinion that finds that the trial judge committed error in the entry of the N.O.V. because of the doctrine of the “law of the case”. Following our opinion in Wallace v. P. L. Dodge Memorial Hospital, 355 So. 2d 855 (Fla.3d DCA 1978),1 this matter reoccurred in the trial court. At the conclusion of the plaintiff’s case, upon a motion for directed verdict being made, the trial court indicated he was inclined to grant it but would submit the cause to the jury, an…
    1 / 2

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