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Gumbs v. Guerra

District Court of Appeal of Florida, Third District
Mar 6, 2002
820 So. 2d 336 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-2456.

March 6, 2002.

An Appeal from the Circuit Court for Dade County, Stuart Simons, Judge.

Kurzban Kurzban Weinger and Tetzeli and Jed Kurzban and Marvin Kurzban, Miami, for appellant.

Fowler White Burnett and Steven E. Stark and Marc J. Schleier, Miami; Mark D. Press (Miami Beach), for appellees.

Before SCHWARTZ, C.J., and JORGENSON, J., and NESBITT, Senior Judge.


The trial court granted summary judgment in this medical malpractice case for the defendants, a physician and his hospital-employer, on statute of limitations grounds. It held, as a matter of law, that the plaintiff had "knowledge of the injury and knowledge of the reasonable possibility that the injury was caused by medical malpractice," Hillsborough Community Mental Health Center v. Harr, 618 So.2d 187, 189 (Fla. 1993); Tanner v. Hartog, 618 So.2d 177 (Fla. 1993), more than the two years prior to the commencement of the action provided by section 95.11(4)(b), Florida Statutes (1995). There is no error in this ruling.

Affirmed.


Summaries of

Gumbs v. Guerra

District Court of Appeal of Florida, Third District
Mar 6, 2002
820 So. 2d 336 (Fla. Dist. Ct. App. 2002)
Case details for

Gumbs v. Guerra

Case Details

Full title:DELIA GUMBS, Appellant, v. LAZARO GUERRA, M.D., LAZARO GUERRA, INC. AND…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 6, 2002

Citations

820 So. 2d 336 (Fla. Dist. Ct. App. 2002)