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Wallace v. Dodge Memorial Hospital

District Court of Appeal of Florida, Third District
Mar 7, 1978
355 So. 2d 855 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-207.

March 7, 1978.

Appeal from the Circuit Court for Dade County, Thomas E. Lee, J.

Podhurst, Orseck Parks and Michael S. Olin, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick Knight and Thomas F. Martin, Miami, for appellees.

Before HAVERFIELD, C.J., and NATHAN and HUBBART, JJ.


The plaintiff Cordelia Wallace appeals a final summary judgment in a negligence action in favor of the defendant P.L. Dodge Memorial Hospital and its insurer Appalachian Insurance Company and contends that the entry of such judgment was error because inter alia there was a genuine issue of material fact as to the alleged negligence of the defendant hospital in failing to provide adequate attendants to protect the plaintiff as an invitee of the hospital against a violent attack by one of its mental patients. We agree and reverse the judgment appealed from for further proceedings solely as to that issue. No other genuine issue of material fact exists in this case. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); North Broward Hospital District v. Adams, 143 So.2d 355, 356 (Fla.2d DCA 1962).


Summaries of

Wallace v. Dodge Memorial Hospital

District Court of Appeal of Florida, Third District
Mar 7, 1978
355 So. 2d 855 (Fla. Dist. Ct. App. 1978)
Case details for

Wallace v. Dodge Memorial Hospital

Case Details

Full title:CORDELIA WALLACE, APPELLANT, v. P.L. DODGE MEMORIAL HOSPITAL ET AL.…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 7, 1978

Citations

355 So. 2d 855 (Fla. Dist. Ct. App. 1978)

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