Baptist Hospital v. Yallelus

(specially concurring).

I concur in the dismissal of the appeal by Baptist Hospital on authority of City of Opa Locka v. Hill, 590 So.2d 952 (Fla. 3d DCA 1991); Textron Financial Corp. v. Alexander, 582 So.2d 178 (Fla. 3d DCA 1991); and Kiser v. Jones, 488 So.2d 554 (Fla. 3d DCA 1986). The partial summary judgment determined that Baptist Hospital is vicariously liable for the acts of Dr. Menendez, but there is as yet no determination that Dr. Menendez was negligent.

The Hospital has seized on the statement in Metropolitan Dade County v. Green, 596 So.2d 458 (Fla.1992), that “We thus need only…