Chester v. Keys Hospital Foundation, Inc.

District Court of Appeal of Florida

Chester v. Keys Hospital Foundation, Inc.

677 So. 2d 421, 1996 Fla. App. LEXIS 8241, 1996 WL 442110

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1996

DocketNo. 96-372

StatusPublished

Cited by2 cases

This text of 677 So. 2d 421 (Chester v. Keys Hospital Foundation, 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.

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Chester v. Keys Hospital Foundation, Inc., 677 So. 2d 421, 1996 Fla. App. LEXIS 8241, 1996 WL 442110 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

The plaintiff was severely injured in a fall on American Legion premises. In the present action he alleged that the hospital and his physicians had been guilty of malpractice in the course of his ensuing treatment. The trial judge entered the summary judgment now under review in favor of the hospital and physicians on the basis of a general release given the original tortfeasor, the Legion. See Stuart v. Hertz Corp., 351 So.2d 703 (Fla.1977); McCutcheon v. Hertz Corp., 463 So.2d 1226 (Fla. 4th DCA 1985), review denied, 476 So.2d 674 (Fla.1985). We reverse because of the existence of what were at least genuine issues as to whether the plaintiff received full compensation from the Legion, see Williams v. Arai Hirotake, Ltd., 931 F.2d 755 (11th Cir.1991), and whether the parties to that release intended to effect a discharge of the alleged malpractitioners. See Williams, 931 F.2d at 759; Colonial Penn Ins. Co. v. Robertson, 591 So.2d 273 (Fla. 4th DCA 1991), review denied, 599 So.2d 654 (Fla.1992); Milford v. Metropolitan Dade County, 430 So.2d 951 (Fla. 3d DCA 1983), review denied, 440 So.2d 352 (Fla.1983); Alexander v. Kirkham, 365 So.2d 1038 (Fla. 3d DCA 1978), cert. denied, 375 So.2d 911 (Fla.1979).

Reversed.

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PER CURIAM.

The plaintiff was severely injured in a fall on American Legion premises. In the present action he alleged that the hospital and his physicians had been guilty of malpractice in the course of his ensuing treatment. The trial judge entered the summary judgment now under review in favor of the hospital and physicians on the basis of a general release given the original tortfeasor, the Legion. See Stuart v. Hertz Corp., 351 So.2d 703 (Fla.1977); McCutcheon v. Hertz Corp., 463 So.2d 1226 (Fla. 4th DCA 1985), review denied, 476 So.2d 674 (Fla.1985). We reverse because of the existence of what were at least genuine issues as to whether the plaintiff received full compensation from the Legion, see Williams v. Arai Hirotake, Ltd., 931 F.2d 755 (11th Cir.1991), and whether the parties to that release intended to effect a discharge of the alleged malpractitioners. See Williams, 931 F.2d at 759; Colonial Penn Ins. Co. v. Robertson, 591 So.2d 273 (Fla. 4th DCA 1991), review denied, 599 So.2d 654 (Fla.1992); Milford v. Metropolitan Dade County, 430 So.2d 951 (Fla. 3d DCA 1983), review denied, 440 So.2d 352 (Fla.1983); Alexander v. Kirkham, 365 So.2d 1038 (Fla. 3d DCA 1978), cert. denied, 375 So.2d 911 (Fla.1979).

Reversed.

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677 So. 2d 421, 1996 Fla. App. LEXIS 8241, 1996 WL 442110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chester-v-keys-hospital-foundation-inc-fladistctapp-1996.

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