Burns v. Medical Center Hospital of Largo

Florida District Courts of Appeal
Burns v. Medical Center Hospital of Largo, 544 So. 2d 1059 (1989)
14 Fla. L. Weekly 1353; 1989 Fla. App. LEXIS 3108; 1989 WL 57227
Danahy, Hall, Parker

Burns v. Medical Center Hospital of Largo

Opinion of the Court

PER CURIAM.

The appellants, Mr. and Mrs. Burns, the plaintiffs in the trial court, challenge the directed verdict entered in favor. of the defendants/appellees in this medical malpractice suit. The trial court granted the appellees’ motions for the directed verdict at the close of the appellants’ case-in-chief. We have carefully reviewed the entire record in this case, particularly the testimony of the appellants’ expert witness, Dr. Bussey. After careful consideration of the record, the briefs, and oral argument, we find that the trial court did not err in so directing the verdict. The appellants failed to present a prima facie case of negligence under any theory, including res ipsa loquitur. See Marrero v. Goldsmith, 486 So.2d 530 (Fla. 1986); Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015 (Fla. 1984).

Accordingly, we affirm.

DANAHY, A.C.J., and HALL and PARKER, JJ., concur.

Reference

Full Case Name
James C. BURNS, Jr., and Gerda Burns, his wife v. MEDICAL CENTER HOSPITAL OF LARGO, an affiliate of Hospital Corporation of America, George Spoto, Jr., M.D., and Diagnostic Clinic, Inc.
Cited By
1 case
Status
Published