Roberts v. Casey

I respectfully dissent in this case on two grounds: that the medical malpractice two year statute of limitations1 had not run because it was tolled by the provisions of section 768.44(4), Florida Statutes (1977), and to refuse to so hold violates the appellants’ constitutional rights of access to the courts of this state;2 and further, that as to Dr. Casey, the summary judgment was not properly entered because the record does not clearly and as a “matter of law” show when the appellants were aware of his alleged negligent treatment of Ann, nor the alleged increased damage to her resulting…