Hicks v. Baptist Hosp., Inc.

District Court of Appeal of Florida

Hicks v. Baptist Hosp., Inc.

676 So. 2d 1019, 1996 Fla. App. LEXIS 6664, 1996 WL 344624

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1996

Docket95-1667

StatusPublished

Cited by4 cases

This text of 676 So. 2d 1019 (Hicks v. Baptist Hosp., 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

Hicks v. Baptist Hosp., Inc., 676 So. 2d 1019, 1996 Fla. App. LEXIS 6664, 1996 WL 344624 (Fla. Ct. App. 1996).

Pincite

Opinion

676 So.2d 1019 (1996)

Henry HICKS, Appellant,
v.
BAPTIST HOSPITAL, INC., Appellee.

No. 95-1667.

District Court of Appeal of Florida, First District.

June 25, 1996. Rehearing Denied August 7, 1996.

Marcus J. Michles of Kerrigan, Estess, Rankin & McLeod, Pensacola, for Appellant.

J. Nixon Daniel, III, and James J. Crongeyer, Jr., of Beggs & Lane, Pensacola, for Appellee.

PER CURIAM.

Henry Hicks sued Baptist Hospital, Inc., for injuries he claims his deceased wife sustained from smoke inhalation when another patient set fire to his own bed sheets. The theory of Mr. Hicks' action is premises liability. Whether the defendant breached some duty to the inebriated patient who was permitted to keep the cigarette lighter with which he set the fire is not material to plaintiff's claim. The trial court dismissed the complaint on grounds plaintiff had not complied with the presuit procedures of Chapter 766, Florida Statutes that govern medical malpractice cases. Plaintiff's claim for premises liability is not subject to these procedures. Robinson v. West Fla. Regional Medical Ctr., 675 So.2d 226 (Fla. 1st DCA 1996); Palm Springs Gen. Hosp. Inc. v. Perez, 661 So.2d 1222 (Fla. 3d DCA 1995), review denied, 670 So.2d 939 (Fla.1996).

Accordingly, the case is reversed and remanded for further proceedings consistent with this opinion.

BOOTH, JOANOS and BENTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

676 So.2d 1019 (1996)

Henry HICKS, Appellant,
v.
BAPTIST HOSPITAL, INC., Appellee.

No. 95-1667.

District Court of Appeal of Florida, First District.

June 25, 1996. Rehearing Denied August 7, 1996.

Marcus J. Michles of Kerrigan, Estess, Rankin & McLeod, Pensacola, for Appellant.

J. Nixon Daniel, III, and James J. Crongeyer, Jr., of Beggs & Lane, Pensacola, for Appellee.

PER CURIAM.

Henry Hicks sued Baptist Hospital, Inc., for injuries he claims his deceased wife sustained from smoke inhalation when another patient set fire to his own bed sheets. The theory of Mr. Hicks' action is premises liability. Whether the defendant breached some duty to the inebriated patient who was permitted to keep the cigarette lighter with which he set the fire is not material to plaintiff's claim. The trial court dismissed the complaint on grounds plaintiff had not complied with the presuit procedures of Chapter 766, Florida Statutes that govern medical malpractice cases. Plaintiff's claim for premises liability is not subject to these procedures. Robinson v. West Fla. Regional Medical Ctr., 675 So.2d 226 (Fla. 1st DCA 1996); Palm Springs Gen. Hosp. Inc. v. Perez, 661 So.2d 1222 (Fla. 3d DCA 1995), review denied, 670 So.2d 939 (Fla.1996).

Accordingly, the case is reversed and remanded for further proceedings consistent with this opinion.

BOOTH, JOANOS and BENTON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

676 So. 2d 1019, 1996 Fla. App. LEXIS 6664, 1996 WL 344624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-baptist-hosp-inc-fladistctapp-1996.

Opinion

Henry HICKS, Appellant, v. BAPTIST HOSPITAL, INC., Appellee.

Related

Cite This Page — Counsel Stack

Henry HICKS, Appellant,
v.
BAPTIST HOSPITAL, INC., Appellee.