Pollock v. Danner

District Court of Appeal of Florida

Pollock v. Danner

98 So. 3d 650, 2012 WL 4094817, 2012 Fla. App. LEXIS 15745

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 2012

DocketNo. 2D11-4012

StatusPublished

This text of 98 So. 3d 650 (Pollock v. Danner) 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

Pollock v. Danner, 98 So. 3d 650, 2012 WL 4094817, 2012 Fla. App. LEXIS 15745 (Fla. Ct. App. 2012).

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Opinion

CRENSHAW, Judge.

Rock Pollock, Sr. and Shawna M. Pollock appeal a final order adopting the recommendation of magistrate to dismiss their medical malpractice claims against appellees Laura Danner, C.N.M., Gulf Coast Obstetrics & Gynecology, LTD, and Sarasota Memorial Hospital. The Pollocks brought the medical malpractice action against the appellees based on injuries sustained by Mrs. Pollock and the Pollocks’ child during childbirth. The trial court concluded that the Pollocks’ claims should be dismissed because the Florida Birth-Related Neurological Injury Compensation Plan (NICA) provided the exclusive remedy for the claims under section 766.303(2), Florida Statutes (2010). Although we agree that the trial court erred by concluding that Mrs. Pollock’s injuries were compensable under NICA, we conclude that dismissal was proper because the Pollocks’ counsel failed to comply with the presuit requirements of sections 766.104 and 766.106.¹ And because the trial court reached the “right result, albeit for the wrong reasons,” we affirm the trial court’s dismissal of the Pollocks’ action. See generally Johnson v. Allstate Ins. Co., 961 So.2d 1113, 1115 (Fla. 2d DCA 2007) (applying the “tipsy coachman” doctrine).

Affirmed.

NORTHCUTT and WALLACE, JJ., Concur.

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CRENSHAW, Judge.

Rock Pollock, Sr. and Shawna M. Pollock appeal a final order adopting the recommendation of magistrate to dismiss their medical malpractice claims against appellees Laura Danner, C.N.M., Gulf Coast Obstetrics & Gynecology, LTD, and Sarasota Memorial Hospital. The Pollocks brought the medical malpractice action against the appellees based on injuries sustained by Mrs. Pollock and the Pollocks’ child during childbirth. The trial court concluded that the Pollocks’ claims should be dismissed because the Florida Birth-Related Neurological Injury Compensation Plan (NICA) provided the exclusive remedy for the claims under section 766.303(2), Florida Statutes (2010). Although we agree that the trial court erred by concluding that Mrs. Pollock’s injuries were compensable under NICA, we conclude that dismissal was proper because the Pollocks’ counsel failed to comply with the presuit requirements of sections 766.104 and 766.106.¹ And because the trial court reached the “right result, albeit for the wrong reasons,” we affirm the trial court’s dismissal of the Pollocks’ action. See generally Johnson v. Allstate Ins. Co., 961 So.2d 1113, 1115 (Fla. 2d DCA 2007) (applying the “tipsy coachman” doctrine).

Affirmed.

NORTHCUTT and WALLACE, JJ., Concur.

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Bluebook (online)

98 So. 3d 650, 2012 WL 4094817, 2012 Fla. App. LEXIS 15745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollock-v-danner-fladistctapp-2012.