ABE S. GOLDMAN, ADMR.,
v.
E. J. HALL
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a judgment sustaining a demurrer to a declaration, finding that the declaration failed to allege a valid cause of action for wrongful death due to medical malpractice. The court identified two main deficiencies: insufficient allegations of the plaintiff's status as administrator and inadequate claims of negligence against the physician.
No, the declaration was insufficient to allege a cause of action. It failed to adequately establish the plaintiff's status as administrator and did not sufficiently plead negligent acts or omissions by the physician that would create liability for the decedent's death.
“The declaration entirely fails to allege any cause of action in favor of plaintiff against defendant.”
Establishes the core finding that the declaration was legally insufficient.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff, Abe S. Goldman, Administrator of the Estate of Leo Goldman, sued E. J. Hall. The declaration, which was demurred to, was intended to al…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The writ of error before us is to a judg*166ment entered on demurrer sustained to a declaration in two counts.
■ The declaration begins with the words, “Now comes the plaintiff-, Abe S. Goldman, Administrator of the Estate of Leo Goldman, and sues the defendant, E. J. Hall, for that.” The declaration entirely fails to allege any cause of action in favor of plaintiff against defendant. There are two infirmities in the declaration. The first is that the allegations are insufficient .to show that the plaintiff sues as administrator. The second is that the declaration purports to be one in a suit to recover damages caused by the wrongful death by reason of negligent or unskillful performance of a surgical operation performed by a physician. The allegations are insufficient to show liability on the part of the defendant or to show such negligent or unskillful acts of omission or commission on the part of such physician as would, if true, make him liable in damages' for the death of the decedent.
Therefore, the judgment should be affirmed. It is so ordered.
Affirmed.
Whitfield, P. J., and Brown and Buford, J. J., concur.
Davis, C. J., and Terrell, J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brown v. Indian River Orange Lands, Inc., 131 Fla. 466 (Fla. 1938)…242, headnote 4, text 243-4; Thomas v. Martin, 100 Fla. 146, 129 So. 602; Clonts v. Cline, 100 Fla. 1449, 131 So. 321; Frost Proof State Bank v. Mallett, 100 Fla. 1464, 131 So. 322; Evans [*470] v. Tucker, 101 Fla. 688, 135 So. 305; Goldman v. Hall, 115 Fla. 165, 155 So. 117. ■ In each of these authorities the Court had before it questions of pleading and there can be no uncertainty as to what was intended or meant and no complaint is to be found as to either. It is questionable that the omission of the wo…