Brown v. Florida Health Sciences Center, Inc.

CourtDistrict Court of Appeal of Florida
DecidedFebruary 4, 2026
Docket2D2024-1384
StatusPublished

This text of Brown v. Florida Health Sciences Center, Inc. (Brown v. Florida Health Sciences Center, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Florida Health Sciences Center, Inc., (Fla. Ct. App. 2026).

Opinion

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

VALERIE BROWN,

Appellant,

v.

FLORIDA HEALTH SCIENCES CENTER, INC., d/b/a TAMPA GENERAL HOSPITAL,

Appellee.

No. 2D2024-1384

February 4, 2026

Appeal from the Circuit Court for Hillsborough County; Anne-Leigh Gaylord Moe, Judge.

Maegen Peek Luka of Newsome Melton, Orlando; and James W. Holliday and Ted Karatinos of Holliday Karatinos Law Firm, Lutz, for Appellant.

Bryan D. Hull and Laura B. Labbee of Bush Ross, P.A., Tampa, for Appellee.

LaROSE, Judge. Valerie Brown appeals the trial court's final summary judgment entered in favor of Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital (TGH).1 Ms. Brown sued TGH for negligence, alleging

1 We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). failure to protect her from a patient's attack. The trial court found that TGH did not owe a duty to Ms. Brown because she was a trespasser. It also found no foreseeable zone of risk of attack from a patient. Because the existence of material factual issues precluded entry of a summary judgment, we reverse. I. Background A mother admitted her adult son to TGH for treatment. She told staff that her son had been angry and subject to mood swings during the past few weeks. She advised that something was "off" with him. She also informed staff that her son had been experiencing "auditory and visual hallucinations." She told a nurse that her son did not like being alone without her. After the mother left the hospital, her son called her repeatedly, reporting that he was going to leave. TGH staff also called the mother, advising that her son was misbehaving, confused, and incapable of making decisions. The son ripped out his IV tube multiple times. He told TGH staff that he thought the police were there. TGH staff noted his agitation. They also caught him wandering the halls saying he was looking for the "professor." TGH assigned a nursing student to monitor him. TGH staff also consulted a psychiatrist who ordered a psychological evaluation. A medical resident conducted the evaluation and determined that the patient posed no threat to himself or others. After the evaluation, six TGH staff members escorted the patient to a room with video monitoring. They placed him in the same room as Ms. Brown's father, who was also a patient. Her father was strapped to a bed, recovering from spinal surgery.

2 At the time, Ms. Brown was visiting her father. She heard the new patient tell staff that he was "an emperor." Ms. Brown told a nurse that she was concerned and afraid for her father's safety because the patient thought he was an emperor and was jumping up and down on the bed. When the nurse refused to discuss the situation with her, Ms. Brown spoke with another nurse about the continued erratic behavior. The nurse advised that neither patient could be moved. The patient continued to make nonsensical statements and was confused. At one point, he screamed for Ms. Brown and her father to look at a "dragon" outside. He then left the room and ran through the hallway, screaming "fire." Although TGH staff returned him to the room, the patient immediately jumped out of his bed and walked around. He remained noncompliant. At first, when he left his bed, alarms sounded. A few times, Ms. Brown had to find a nurse to turn them off. At some point, the nurses disabled the alarms. The patient continued to leave his bed. Ms. Brown spoke to a nurse manager who told her that her father was safe. All the while, the patient continued screaming about dragons. Fearing for her father's safety, Ms. Brown told the nurses that she wanted her father moved. She believed that the new patient was schizophrenic. Nurses told her not to worry. They advised her to go home and return the next day. The nurses then left Ms. Brown in the room with her father and the other patient. When a nurse came to change her father's IV bag, Ms. Brown, again, voiced her concerns and asked for someone to stay in the room to monitor the situation. According to Ms. Brown, "I wanted that to happen before I left." Finally,

3 after six or seven times of asking for help and them telling me that he would be okay and the video cameras were monitoring, they had live people, that I had to leave now, that I was trying to tell my dad, but he wasn't all there. I was trying to tell him that if anybody come to talk to him, to press this button, which was his emergency nurse button. I was leaned over my father's bedside whispering it. And he opened his eyes and was looking at me. But all of a sudden he kind of yelled, and for me, and the way that he was, it was a big deal. And I turned my head, and that's all I remember. I got hit leaning over the bed.

After the attack, the patient was involuntarily committed and placed in an isolated room with security. This was not TGH's first attack by an unstable patient. TGH's security supervisor testified that occasionally irate or confused patients become violent. Indeed, in the five years prior to the attack, the Tampa Police Department documented at least thirty-nine instances of patients attacking others on TGH property. Notably, Ms. Brown's nursing and psychiatry experts opined that TGH should have used physical or chemical restraints to keep the patient and others safe. They also explained that the patient's escalating and unruly behavior demanded that TGH direct a psychiatric nurse and security person to assess him. TGH moved for summary judgment. Shortly before a hearing on the motion, TGH replied to Ms. Brown's response to its motion. It posited that the attack occurred after visiting hours ended and after the staff had asked her to leave. For the first time, TGH asserted that Ms. Brown was a trespasser entitled to few protections from TGH.2

2 The duty of care owed to a trespasser is to "not wilfully and

wantonly injure [the] trespasser." Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972). 4 The trial court granted TGH's motion. Before rendition of a final summary judgment, Ms. Brown moved for reconsideration or rehearing. She maintained that the evidence showed that TGH owed her a duty of care. TGH reasserted that Ms. Brown was a trespasser. Ms. Brown then countered that the trespasser argument was not properly before the trial court because TGH raised the argument just five days before the hearing, the trial court did not address the argument until after the hearing, and the trial court declined to take additional arguments on the matter. Ms. Brown also filed an affidavit attesting that TGH staff told her to say goodbye to her father because visiting hours were over. As she was saying goodbye, the other patient struck her. The trial court partially denied Ms. Brown's motion; it granted the motion to the extent that the trial court clarified its reasoning for its ruling. Specifically, the trial court explained that the "evidence of prior incidents did not, in light of undisputed facts presented, create a genuine issue of material fact that precluded entry of summary judgment." The trial court continued, finding that Ms. Brown was a trespasser when the attack occurred. Alternatively, the trial court found that even if Ms. Brown was an invitee, TGH owed her no duty to protect her from a patient with an undiagnosed mental illness and that prior violent incidents at TGH did not create a foreseeable zone of risk. II. Discussion The trial court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fision Corp. v. Frueh, 369 So. 3d 1211, 1215 (Fla. 2d DCA 2023) (quoting Fla. R. Civ. P. 1.510). Our review is de novo. See SHM Cape Harbour, LLC v.

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Brown v. Florida Health Sciences Center, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-florida-health-sciences-center-inc-fladistctapp-2026.