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

Florida District Courts of Appeal
Howard v. Department of Health & Rehabilitation Services, Inc., 541 So. 2d 117 (1989)
14 Fla. L. Weekly 687; 1989 Fla. App. LEXIS 1289; 1989 WL 21422
Ferguson, Nesbitt, Schwartz

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

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.

Reference

Full Case Name
Catherine HOWARD, as Personal Representative of the Estate of Carolyn Howard, and Derick Dewayne Howard, a minor, Alden Mitchel Howard, a minor, children of Carolyn Howard and Mitchell Green, Father and next friend of Derick Dewayne Howard and Alden Mitchell Howard v. DEPARTMENT OF HEALTH AND REHABILITATION SERVICES, INC., d/b/a Dade County Department of Public Health, 79th Street Unit, Juanita Mann Center
Cited By
1 case
Status
Published