Florida District Courts of Appeal, 1979

Coleman v. Mercy Hospital, Inc.

Coleman v. Mercy Hospital, Inc.
Florida District Courts of Appeal · Decided July 24, 1979 · Bart, Hendry, Hub, Pearson
373 So. 2d 91; 1979 Fla. App. LEXIS 15493 (Southern Reporter, Second Series)

Coleman v. Mercy Hospital, Inc.

Opinion of the Court

PER CURIAM.

The question presented on this appeal is whether defendant Mercy Hospital, Inc., on a motion for summary final judgment, carried its burden of showing conclusively that a genuine issue of material fact did not exist. See Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

The plaintiff, Emma Coleman, a nurse assigned to a senile patient, maintains on this appeal that an issue existed concerning the hospital’s duty to warn her that the patient might be violent. The uncontro-verted facts demonstrated that the hospital had no knowledge of a propensity for violence and that the prior history of the patient was not such as to put the hospital on notice that such a condition might exist. Cf. Nance v. James Archer Smith Hospital, Inc., 329 So.2d 377 (Fla. 3d DCA 1976); and see Stake v. Woman’s Division of Christian Service, 73 N.M. 303, 387 P.2d 871 (1963).

Affirmed.

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