The St. Francis Hospital, Inc. v. Thompson

BARNS, J.:

The appellant submits that the trial judge erred in refusing to direct a verdict for the defendant at the conclusion of the plaintiff’s case and at the conclusion of all the testimony. In this we find no reversal error.

This is a case for wrongful death wherein the wrongful act occurred more than two years before the commencement of the action but the action was commenced within two years from the death.

Section 95.11 F.S.A. prescribes that “an action arising upon account of an act causing a wrongful death” can only be commenced within two years.

The appellant-defendant during trial…