Burns v. Medical Center Hospital of Largo

District Court of Appeal of Florida

Burns v. Medical Center Hospital of Largo

544 So. 2d 1059, 14 Fla. L. Weekly 1353, 1989 Fla. App. LEXIS 3108, 1989 WL 57227

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1989

DocketNo. 88-02048

StatusPublished

Cited by1 cases

This text of 544 So. 2d 1059 (Burns v. Medical Center Hospital of Largo) 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.

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Burns v. Medical Center Hospital of Largo, 544 So. 2d 1059, 14 Fla. L. Weekly 1353, 1989 Fla. App. LEXIS 3108, 1989 WL 57227 (Fla. Ct. App. 1989).

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Opinion

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.

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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.

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544 So. 2d 1059, 14 Fla. L. Weekly 1353, 1989 Fla. App. LEXIS 3108, 1989 WL 57227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-medical-center-hospital-of-largo-fladistctapp-1989.

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