EDWARD J. GILL ET UX., APPELLANTS,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY ET AL., APPELLEES

Fla. 2d DCA | 1976-09-24
No. 76-272
McNULTY, C. J., and HOBSON, J., concur.
337 So. 2d 420 Florida District Court of Appeal, Second District (1976) Positive Treatment
Cited by 9 cases
Topics
Duty To Warn Causation Negligence

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Opinion of the Court
BOARDMAN, Judge.

BOARDMAN, Judge.

In an action for damages brought by appellants/plaintiffs against appellees/defendants the theory for recovery was alleged in the third amended complaint as follows: The Defendant, W. E. WALLACE, performed surgery upon a patient who occupied the same room with the Plaintiff, EDWARD J. GILL. The Defendant, W. E. WALLACE, knew, or should have known, that the infection that his patient had was highly contagious, however, the Defendant, W. E. WALLACE, failed to undertake any steps to prevent the spread of said infection to the Plaintiff, EDWARD J. GILL, or failed to warn the Plaintiff or the Hospital authorities or the physician of EDWARD J. GILL, causing an unreasonably [sic] increase in the risk of injury to the Plaintiff.

As a result of the negligence as aforesaid of the Defendant, W. E. WALLACE, the Plaintiff has suffered injuries causally related to the negligence of the Defendant, W. E. WALLACE.

After hearing, the court granted the motion to dismiss.

We hold that the said complaint does state a cause of action and alleges a duty and a breach of that duty.

Accordingly, we

REVERSE.

McNULTY, C. J., and HOBSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Anna and Peter Paul v. Humana Med. Plan, Inc., 682 So. 2d 1119 (Fla. 4th DCA 1996)
    …ube. We hold that Count I of appellants’ third amended complaint stated a cause of action for medical negligence against Dr. Karsh. See generally Hoelterhoff v. Vigderman, 375 So. 2d 575 (Fla. 2d DCA 1979); Gill v. Hartford Accident and Indem. Co., 337 So. 2d 420 (Fla. 2d DCA 1976); Balbontin v. Porias, 215 So. 2d 732 (Fla.1968). We affirm the trial court’s dismissal with prejudice of appellants’ claim for intentional infliction of emotional distress against Dr. Karsh on the authority of Metropolitan Life I…
  • Pate v. James B. Threlkel, M.D., 661 So. 2d 278 (Fla. 1995)
    …dition to medical expenses, loss of his wife's support, attention, services, affection, and consortium. . See Hofmann v. Blackmon, 241 So. 2d 752 (Fla. 4th DCA 1970), cert, denied, 245 So. 2d 257 (Fla. 1971); Gill v. Hartford Accident & Indem. Co., 337 So. 2d 420 (Fla. 2d DCA 1976). . The facts of a particular case are not the only source that may give rise to a duty to avoid negligent acts. We have also recognized that a duty may arise from: (1) legislative enactments or administrative regulations; (2) jud…
  • Werner v. Varner, Stafford & Seaman, P.A., 659 So. 2d 1308 (Fla. 4th DCA 1995)

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