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Burns v. Med. Center Hosp. of Largo

District Court of Appeal of Florida, Second District
Jun 22, 1989
544 So. 2d 1059 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-02048.

June 2, 1989. Rehearing Denied June 22, 1989.

Appeal from the Circuit Court for Pinellas County; R. Grable Stoutamire, Judge.

Britt Whitaker, Tampa, for appellants.

Raymond T. Elligett, Jr., and Randy J. Ogden of Shackleford, Farrior, Stallings Evans, P.A., Tampa, for appellee Medical Center Hosp. of Largo.


The appellants, Mr. and Mrs. Burns, the plaintiffs in the trial court, challenge the directed verdict entered in favor of the defendants/appellees in this medical malpractice suit. The trial court granted the appellees' motions for the directed verdict at the close of the appellants' case-in-chief. We have carefully reviewed the entire record in this case, particularly the testimony of the appellants' expert witness, Dr. Bussey. After careful consideration of the record, the briefs, and oral argument, we find that the trial court did not err in so directing the verdict. The appellants failed to present a prima facie case of negligence under any theory, including res ipsa loquitur. See Marrero v. Goldsmith, 486 So.2d 530 (Fla. 1986); Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015 (Fla. 1984).

Accordingly, we affirm.

DANAHY, A.C.J., and HALL and PARKER, JJ., concur.


Summaries of

Burns v. Med. Center Hosp. of Largo

District Court of Appeal of Florida, Second District
Jun 22, 1989
544 So. 2d 1059 (Fla. Dist. Ct. App. 1989)
Case details for

Burns v. Med. Center Hosp. of Largo

Case Details

Full title:JAMES C. BURNS, JR., AND GERDA BURNS, HIS WIFE, APPELLANTS, v. MEDICAL…

Court:District Court of Appeal of Florida, Second District

Date published: Jun 22, 1989

Citations

544 So. 2d 1059 (Fla. Dist. Ct. App. 1989)