Florida District Courts of Appeal, 1989

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

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

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.

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