Rentz v. Ozaki
Rentz v. Ozaki
Opinion of the Court
In this malpractice action plaintiffs, Fess Rentz, Jr. and Evelyn Rentz, as surviving parents of their deceased two-year-old daughter, and Fess Rentz, Jr., as Administrator of the Estate of said child, appeal from final summary judgment entered for defendant, Charles T. Ozaki.
The point of law presented is whether the defendant met the burden cast upon him of conclusively showing the nonexistence of any material issue of fact. It is our judgment that he failed to meet this burden, therefore, we reverse.
Several depositions and two affidavits were relied upon by defendant in moving for summary judgments. The depositions reflect that on Friday night, November 12, 1965, the Rentzes’ two-year-old daughter became very sick. Mrs. Rentz telephoned the defendant-doctor about midnight and advised him that the child was running a high fever and vomiting and asked if they
The doctor deposed that he did not diagnose a penicillin reaction because he was not informed that the child was having respiratory distress. He listed the cause of death as “acute diffuse upper respiratory infection,” and stated that he thought the child may have had cerebral involvement but she did not have a stiff neck at the time of his examination, this being an indication of nervous system involvement. He further deposed that had he stayed with the child, he could not have prevented death.
Defendant filed the affidavits of two doctors stating that Dr. Ozaki used the ordinary skill and diligence and methods of examination and diagnosis “usually approved and practiced by medical men of ordinary learning, judgment and skill in this locality.” The plaintiffs filed the affidavit of a New York physician in opposition to defendant’s motion for summary judgment which affidavit stated that the symptoms indicated an acute emergency; that Dr. Ozaki’s diagnosis compared with the findings made by him on his examination “are contrary to the known facts in medicine”; and that when it became apparent that the child was not responding to the treatment, immediate changes were called for.
It is our conclusion that the posture of this cause and the efficacy of the affidavits fall squarely within the four corners of Holl v. Talcott, 191 So.2d 40 (Fla. 1966), wherein the Supreme Court, in reviewing expert testimony extremely analogous to the instant cause, set aside a summary judgment entered by the trial court. Without unduly belaboring the question posed, we hold that the trial court erroneously granted summary judgments in the instant cause, and reverse upon the authority of Holl v. Talcott, supra, with directions to reinstate the plaintiffs’ complaints.
Reversed.
Reference
- Full Case Name
- Fess RENTZ, Jr. and Evelyn Rentz v. Charles T. OZAKI, Appellee Fess RENTZ, Jr., as administrator of the Estate of Lashoun Rentz v. Charles T. OZAKI
- Cited By
- 1 case
- Status
- Published