Vanalstine v. Palms West Hospital, L.P.

District Court of Appeal of Florida

Vanalstine v. Palms West Hospital, L.P.

90 So. 3d 990, 2012 WL 2400950, 2012 Fla. App. LEXIS 10478

CourtDistrict Court of Appeal of Florida

DecidedJune 27, 2012

DocketNo. 4D10-4850

StatusPublished

This text of 90 So. 3d 990 (Vanalstine v. Palms West Hospital, L.P.) 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

Vanalstine v. Palms West Hospital, L.P., 90 So. 3d 990, 2012 WL 2400950, 2012 Fla. App. LEXIS 10478 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

This case arises from the death of a child. The parents sued a pharmacist and pharmacy for negligence in formulating and dispensing a prescription; they also sued various medical providers for malpractice in their treatment of the child for the condition caused by his ingestion of the prescription drugs. The parents settled with the pharmacist and the pharmacy and executed releases. The trial court granted the medical providers’ motions for summary judgment based on the wording of the releases.

We reverse. Read as a whole, the releases “expressly reserved” the right to pursue causes of action against the medical providers for the damages resulting from their negligence when they settled with the pharmacy and pharmacist. Cf. Broz v. Rodriguez, 891 So.2d 1205, 1208 (Fla. 4th DCA 2005) (holding that where release against initial tortfeasor failed “to expressly reserve any rights against the subsequent tortfeasor physician,” the plaintiff was barred from further pursuing her claim against the subsequent tortfeasor); see Baudo v. Bon Secours Hospital/Villa Maria Nursing Center, 684 So.2d 211 (Fla. 3d DCA 1996).

POLEN, GROSS, JJ., and BLOOM, BETH F., Associate Judge, concur.

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PER CURIAM.

This case arises from the death of a child. The parents sued a pharmacist and pharmacy for negligence in formulating and dispensing a prescription; they also sued various medical providers for malpractice in their treatment of the child for the condition caused by his ingestion of the prescription drugs. The parents settled with the pharmacist and the pharmacy and executed releases. The trial court granted the medical providers’ motions for summary judgment based on the wording of the releases.

We reverse. Read as a whole, the releases “expressly reserved” the right to pursue causes of action against the medical providers for the damages resulting from their negligence when they settled with the pharmacy and pharmacist. Cf. Broz v. Rodriguez, 891 So.2d 1205, 1208 (Fla. 4th DCA 2005) (holding that where release against initial tortfeasor failed “to expressly reserve any rights against the subsequent tortfeasor physician,” the plaintiff was barred from further pursuing her claim against the subsequent tortfeasor); see Baudo v. Bon Secours Hospital/Villa Maria Nursing Center, 684 So.2d 211 (Fla. 3d DCA 1996).

POLEN, GROSS, JJ., and BLOOM, BETH F., Associate Judge, concur.

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Bluebook (online)

90 So. 3d 990, 2012 WL 2400950, 2012 Fla. App. LEXIS 10478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanalstine-v-palms-west-hospital-lp-fladistctapp-2012.

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