Brooks v. Paul
District Court of Appeal of Florida
1Opinion of the CourtCiklin, C.J.
Myra L. Brooks and Ronald R. Brooks, the plaintiffs below, appeal the final summary judgment' entered in this medical malpractice case in favor of the defendants below, Michael D. Paul, M.D., and MacMil-lan, Paul and Burkarth P.A., d/b/a Treasure Coast Neurosurgery. The plaintiffs argue that the trial court erred in finding that a release executed by the patient, Myra L. Brooks (“Myra”), unambiguously waived negligence claims. We agree that the release, read in its entirety, was unclear and ambiguous as to negligence claims. Accordingly, we reverse and remand for further proceedings.
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