Howard v. Department of Health & Rehabilitation Services, Inc.

541 So. 2d 117, 14 Fla. L. Weekly 687, 1989 Fla. App. LEXIS 1289, 1989 WL 21422

• Court: District Court of Appeal of Florida
• Decided: March 14, 1989
• Docket: No. 88-171
• Status: Published

Opinion

PER CURIAM.

At least one medical expert rendered a strong opinion, in the record, that the negligence of the health-care facility was a substantial factor contributing to the victim’s demise. It cannot be said, consequently, for the purpose of a summary judgment, that the defendant has demonstrated conclusively the nonexistence of a material dispute on the issue of proximate causation. Glotzer v. Moselle, 515 So.2d 375 (Fla. 4th DCA 1987); Sprague v. Coral Cadillac, Inc., 515 So.2d 376 (Fla. 4th DCA 1987); Fleischman v. Perez, 491 So.2d 1191 (Fla. 3d DCA 1986). A trial court may not weigh contradictory depositions or affidavits on matters of fact in entering a summary judgment.

REVERSED AND REMANDED.