Coleman v. Mercy Hospital, Inc.

District Court of Appeal of Florida

Coleman v. Mercy Hospital, Inc.

373 So. 2d 91, 1979 Fla. App. LEXIS 15493

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 1979

DocketNo. 79-254

StatusPublished

This text of 373 So. 2d 91 (Coleman v. Mercy Hospital, 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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Coleman v. Mercy Hospital, Inc., 373 So. 2d 91, 1979 Fla. App. LEXIS 15493 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The question presented on this appeal is whether defendant Mercy Hospital, Inc., on a motion for summary final judgment, carried its burden of showing conclusively that a genuine issue of material fact did not exist. See Holl v. Talcott, 191 So.2d 40 (Fla.1966).

The plaintiff, Emma Coleman, a nurse assigned to a senile patient, maintains on this appeal that an issue existed concerning the hospital’s duty to warn her that the patient might be violent. The uncontro-verted facts demonstrated that the hospital had no knowledge of a propensity for violence and that the prior history of the patient was not such as to put the hospital on notice that such a condition might exist. Cf. Nance v. James Archer Smith Hospital, Inc., 329 So.2d 377 (Fla. 3d DCA 1976); and see Stake v. Woman’s Division of Christian Service, 73 N.M. 303, 387 P.2d 871 (1963).

Affirmed.

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PER CURIAM.

The question presented on this appeal is whether defendant Mercy Hospital, Inc., on a motion for summary final judgment, carried its burden of showing conclusively that a genuine issue of material fact did not exist. See Holl v. Talcott, 191 So.2d 40 (Fla.1966).

The plaintiff, Emma Coleman, a nurse assigned to a senile patient, maintains on this appeal that an issue existed concerning the hospital’s duty to warn her that the patient might be violent. The uncontro-verted facts demonstrated that the hospital had no knowledge of a propensity for violence and that the prior history of the patient was not such as to put the hospital on notice that such a condition might exist. Cf. Nance v. James Archer Smith Hospital, Inc., 329 So.2d 377 (Fla. 3d DCA 1976); and see Stake v. Woman’s Division of Christian Service, 73 N.M. 303, 387 P.2d 871 (1963).

Affirmed.

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373 So. 2d 91, 1979 Fla. App. LEXIS 15493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-mercy-hospital-inc-fladistctapp-1979.

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