Bennett v. Riggs

In this medical malpractice action, we reverse the summary judgment rendered against plaintiff Helen Bennett.

Summary judgments are not favored in medical malpractice suits. McCoy v. Hoffmeister, 435 So.2d 989 (Fla. 5th DCA 1983). A party moving for summary judgment has the burden of proving the absence of factual issues. He must prove this conclusively and, through such proof, overcome all reasonable inferences which may be drawn in favor of the opposing party. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Werber v. Imperial Golf Club, Inc., 413 So.2d 41 (Fla. 2d DCA 1982). The opposing party’s…