Woodward v. Olson

VILLANTI, Judge.

Sylvia and James Woodward appeal the final summary judgment entered in favor of David Olson, M.D., and Intercoastal Medical Group in this medical malpractice action.1 The trial court granted the mo*542tion based on its conclusion that the Wood-wards’ claims were barred by the medical malpractice statute of repose found in section 95.11(4)(b), Florida Statutes (2009). Because the statute of repose properly bars only some of the Woodwards’ claims, we affirm in part and reverse in part.

The facts in the record before this court show that Sylvia Woodward was a pack-a-day smoker with a…