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Nardone v. Reynolds

538 F.2d 1131, 1976 U.S. App. LEXIS 7088
Court of Appeals for the Fifth Circuit·Decided September 17, 1976·No. No. 72-2264·Published·Cited by 26 cases

Opinion

JOHN R. BROWN, Chief Judge:

The Nardones filed this medical malpractice suit in May 1971, more than five years after Nicholas Nardone’s treatment at and discharge from Jackson Memorial Hospital in Dade County, Florida. The District Court granted summary judgment for the several defendants1 on the basis that the claim was barred by the four-year statute of limitations applicable to Florida medical malpractice actions. FSA § 95.-11(4).2 Because the case presented important policy questions concerning Florida’s “discovery rule” and the meaning of the term “injury” as they affect commencement of the limitations period, we certified the case to the Florida Supreme Court. Nardone v. Reynolds, 5 Cir., 1975, 508 F.2d 660. The Florida Court has now handed down an extensive opinion clearly answering all of the certified legal issues.3 Nar[1133] done v. Reynolds, Fla., 1976, 333 So.2d 25. We remand to the District Court for further consideration of the single, only narrow question left open under the Florida Court’s opinion.4

The sad facts of the case detailing the deterioration of young Nardone to a comatose state of blindness and irreversible brain damage5 are presented at length in the Florida opinion. Nardone v. Reynolds, supra, 333 So.2d at 28-29.6 On certification this Court submitted and the Supreme Court of Florida answered the following dispositive questions:

[1134]

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Nardone v. Reynolds, 538 F.2d 1131, 1976 U.S. App. LEXIS 7088 (5th Cir. 1976).

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