Garay v. Colony Springs Medical Center, Inc.

Elisa Garay, plaintiff below, appeals the trial court’s order granting summary judgment for defendant Colony Springs Medical Center in this medical malpractice action. We find that Garay’s notice to the attorney representing Colony Springs, within the limitations period, was adequate pre-suit notice under section 766.106, Florida Statutes (1996). Attorney Heath’s claim, after the limitations period had run, that he was not authorized to receive service for Colony Springs, does not alter our view, nor does the fact that Garay sent another notice to a no-longer-valid address of Colony Springs.…