Opinion
No. 88-171.
March 14, 1989. Rehearing Denied May 1, 1989.
Appeal from the Circuit Court, Dade County, John A. Tanksley, J.
Horton, Perse Ginsberg and Arnold R. Ginsberg, William Huggett, Miami, for appellants.
Colodny, Fass Talenfeld and James M. Fishman, North Miami, for appellee.
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
At least one medical expert rendered a strong opinion, in the record, that the negligence of the health-care facility was a substantial factor contributing to the victim's demise. It cannot be said, consequently, for the purpose of a summary judgment, that the defendant has demonstrated conclusively the nonexistence of a material dispute on the issue of proximate causation. Glotzer v. Moselle, 515 So.2d 375 (Fla. 4th DCA 1987); Sprague v. Coral Cadillac, Inc., 515 So.2d 376 (Fla. 4th DCA 1987); Fleischman v. Perez, 491 So.2d 1191 (Fla. 3d DCA 1986). A trial court may not weigh contradictory depositions or affidavits on matters of fact in entering a summary judgment.
REVERSED AND REMANDED.