Florida District Courts of Appeal, 1989

Howard v. Department of Health & Rehabilitation Services, Inc.

Florida District Courts of Appeal · Decided March 14, 1989 · No. 88-171 · Ferguson, Nesbitt, Schwartz

541 So. 2d 117; 14 Fla. L. Weekly 687; 1989 Fla. App. LEXIS 1289; 1989 WL 21422 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bogorff ex rel. Bogorff v. Koch (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

At least one medical expert rendered a strong opinion, in the record, that the negligence of the health-care facility was a substantial factor contributing to the victim’s demise. It cannot be said, consequently, for the purpose of a summary judgment, that the defendant has demonstrated conclusively the nonexistence of a material dispute on the issue of proximate causation. Glotzer v. Moselle, 515 So.2d 375 (Fla. 4th DCA 1987); Sprague v. Coral Cadillac, Inc., 515 So.2d 376 (Fla. 4th DCA 1987); Fleischman v. Perez, 491 So.2d 1191 (Fla. 3d DCA 1986). A trial court may not weigh contradictory depositions or affidavits on matters of fact in entering a summary judgment.

REVERSED AND REMANDED.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.