Webster v. Martin Memorial Medical Center, Inc.
District Court of Appeal of Florida
1Per curiam
We reverse the order granting the defendant hospital’s motion for summary judgment in a medical malpractice action. According to the Florida Supreme Court,
in medical malpractice actions, courts should grant summary judgment in favor of the defendant cautiously. A summary judgment is properly rendered only upon showing a complete absence of any genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.' The proof must be such as to overcome all reasonable inferences in favor of the party opposing summary judgment.
Univ. of Miami v. Bogorff, 583 So.2d…
2Cases cited5 opinions
- Visingardi v. TironeSupreme Court of Florida · 1966
- University of Miami v. BogorffSupreme Court of Florida · 1991
- Holmes v. Bridgestone/Firestone, Inc.District Court of Appeal of Florida · 2005
- Greene v. FlewellingDistrict Court of Appeal of Florida · 1978
- Murphy v. Sarasota Ostrich Farm/Ranch, Inc.District Court of Appeal of Florida · 2004
3Cited by3 opinions
- Hodge v. CichonDistrict Court of Appeal of Florida · 2012
- John Pitcher v. David J. Zappitell, Zappitell & Kapral, P.A. and Zappitell Law Firm, P.L.District Court of Appeal of Florida · 2015
- Reed v. Schutz Litigation LLCDistrict Court of Appeal of Florida · 2013