Legal Opinion
Wolicki-Gables v. Doctors Same Day Surgery Center, Ltd.
District Court of Appeal of Florida
Decided February 15, 2017No. Case 2D15-2495PublishedCited by 2 opinions
1Opinion of the Court
LaROSE, Judge.
Linda Wolicki-Gables and her husband, Robert Gables, appeal the trial court’s final summary judgment in favor of Doctors Same Day Surgery Center, Ltd. (the Surgery Center). The Gableses brought a third-party spoliation lawsuit against the Surgery Center. They asserted that if the Surgery Center had kept an allegedly defective pain-pump connector removed from Mrs. Wolicki-Gables, the Gableses could have maintained a civil action against Arrow International, Inc., on one of two grounds: (1) a first-party spoliation suit; or (2) a “parallel claim” for negligent design and/or…
2Cases cited18 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
- Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
- Riley v. Cordis Corp.District Court, D. Minnesota · 2009
- Wolicki-Gables v. Arrow International, Inc.Court of Appeals for the Eleventh Circuit · 2011
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3Cited by2 opinions
- Joseph Mink v. Smith & Nephew, Inc.Court of Appeals for the Eleventh Circuit · 2017
- Markland v. Insys Therapeutics, Inc.District Court, M.D. Florida · 2017