South Florida Hospital Corp. v. McCrea

District Court of Appeal of Florida

South Florida Hospital Corp. v. McCrea

112 So. 2d 393, 1959 Fla. App. LEXIS 2934

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1959

DocketNo. 58-406

StatusPublished

Cited by3 cases

This text of 112 So. 2d 393 (South Florida Hospital Corp. v. McCrea) 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.

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South Florida Hospital Corp. v. McCrea, 112 So. 2d 393, 1959 Fla. App. LEXIS 2934 (Fla. Ct. App. 1959).

Pincite

Opinion

PER CURIAM.

Plaintiff and her husband brought an action to recover damages for injuries sustained by her while a patient at the defendant institution. From judgments in favor of the plaintiffs, pursuant to jury verdicts, the defendant appealed.

The defendant contends that the lower court erred in applying-the doctrine of res [394]*394ipsa loquitur because the plaintiffs introduced evidence of specific negligence on the part of the defendant. West Coast Hospital Ass’n v. Webb, Fla., 52 So.2d 803; Roth v. Dade County, Fla., 71 So.2d 169. That this jurisdiction has not aligned itself with those jurisdictions so holding (33 A.L. R.2d 800) is evident from the decision in McKinney Supply Company v. Orovitz, Fla., 96 So.2d 209; 33 A.L.R.2d 795.

Defendant’s second point has been carefully examined and found to be without merit.

Affirmed.

CARROLL, CHAS., C. J., HORTON, J., and WARREN, LAMAR, Associate Judge, concur.

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PER CURIAM.

Plaintiff and her husband brought an action to recover damages for injuries sustained by her while a patient at the defendant institution. From judgments in favor of the plaintiffs, pursuant to jury verdicts, the defendant appealed.

The defendant contends that the lower court erred in applying-the doctrine of res [394]*394ipsa loquitur because the plaintiffs introduced evidence of specific negligence on the part of the defendant. West Coast Hospital Ass’n v. Webb, Fla., 52 So.2d 803; Roth v. Dade County, Fla., 71 So.2d 169. That this jurisdiction has not aligned itself with those jurisdictions so holding (33 A.L. R.2d 800) is evident from the decision in McKinney Supply Company v. Orovitz, Fla., 96 So.2d 209; 33 A.L.R.2d 795.

Defendant’s second point has been carefully examined and found to be without merit.

Affirmed.

CARROLL, CHAS., C. J., HORTON, J., and WARREN, LAMAR, Associate Judge, concur.

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112 So. 2d 393, 1959 Fla. App. LEXIS 2934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-florida-hospital-corp-v-mccrea-fladistctapp-1959.

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