Legal Opinion

Herndon v. Shands Teaching Hospital & Clinics, Inc.

District Court of Appeal of Florida

Decided November 30, 2009No. 1D09-0437PublishedCited by 1 opinion

1Opinion of the Court

BROWNING, JR., EDWIN B„ Senior Judge.

Appellants, Richard Herndon and Belinda Herndon, as Personal Representatives of the Estate of Michelle Herndon (Plaintiffs below) appeal from an order granting Shands Teaching Hospital and Clinics, Inc.’s (Defendant below), motion to dismiss with prejudice, Appellants’ second amend*803ed complaint for failure to allege a legal duty of Appellee to Michelle Herndon. Because we conclude that Appellants alleged sufficient facts to support a legal duty, we reverse the order dismissing Appellants’ second amended complaint with prejudice and remand the case for…

2Cases cited5 opinions

  1. Brewer v. Clerk of Circuit CourtDistrict Court of Appeal of Florida · 1998
  2. United States v. StevensSupreme Court of Florida · 2008
  3. State v. WrightLouisiana Court of Appeal · 1992
  4. Shurben v. Dollar Rent-A-CarDistrict Court of Appeal of Florida · 1996
  5. Hewitt v. Avis Rent-A-Car System, Inc.District Court of Appeal of Florida · 2005

3Cited by1 opinion

  1. Faddish v. Buffalo PumpsDistrict Court, S.D. Florida · 2012

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