PEDRO CRUZ v. NORTH SHORE MEDICAL CENTER, INC.

• Court: District Court of Appeal of Florida
• Decided: May 26, 2021
• Docket: 19-1843
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 26, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D19-1843 Lower Tribunal No. 17-5207 ________________

Pedro Cruz, et al., Appellants,

vs.

North Shore Medical Center, Inc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge.

Kawel PLLC, and Andrew Paul Kawel, for appellants.

Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A., Isaac R. Ruiz-Carus and Katherine A. Gannon (Tampa), for appellee.

Before GORDO, LOBREE, and BOKOR, JJ.

PER CURIAM. Affirmed. Deauville Hotel Mgmt. v. Ward, 219 So. 3d 949, 955 (Fla. 3d

DCA 2017) (“What constitutes outrageous conduct is a question that must

be decided as a matter of law.”) (citing De La Campa v. Grifols Am., Inc.,

819 So. 2d 940, 943 (Fla. 3d DCA 2002) (“What constitutes outrageous

conduct is a question for the trial court to determine as a matter of law.”);

Liberty Mut. Ins. Co. v. Steadman, 968 So. 2d 592, 595 (Fla. 2d DCA 2007)

(explaining that “[t]he plaintiff's ‘subjective response’ to the conduct ‘does not

control the question of whether the tort of intentional infliction of emotional

distress occurred.’”)).