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IN T8S CIRCUIT COURT OF THE NINBTE]3NTH
JUDICIAL CIRCUIT c,F FLORiDA,IN AND FOR
ST. LUCTS COUNTY. CIVIL ACTION
SLIZAB$TH GAItk'OOD Pnd L]~ST$R
GARWOOD., her husband,
Plaintiffs,
v• ) CASE NO. 78-543 CA-
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F. N.- ARRIOLA, M. D., and - j -
FORT PISRCB MEMORIAL HOSPITAL, )
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Defendants. ~ ?
) - -
)
- ELIZABETH GARWOOD and L$STHR
GARWOOD, her husband, -
- - ) -
Plaintiffs, j
v, - - CASE NO. 79-47 CA
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- aNiTONIO HERNANDSZ, M. D. , - )
) - - - -
- Defendant. ) -
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- ~ ORDER R8: DEFENDANTS' _ -
MOTIONS TO DISlKISS THE ~ -
WRGNGFUL DEATB COUNT WITH PREJG'DICE
Defendants haves filed motions to :dismiss the wrongful
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death count in Plaintiffs' Complaint which alleges medical malpractice
and a cause of action for the death of a sti~lborn, but viatile, fetus.
Defendants have moved to dismiss with prejudice on the basis of two -
Florida Supreme Court opinions which construed the Wrongful Death
Act to exclude claims-for the death of a stillborn -fetus. Plaintiffs
have responded-that the Supreme Court has never ugheld the constitu-
tionality of the statute as construed by that court, and Plaintiffs -
challenge the ^enatitutiona~.ity of the statute as applied to this - -
case; primarily on grounds of the Equal Protection Clause in the
- Federal Constiitution, and secondarily on grounds of-the Florida Con- -
stitution Art. I Section 21, access to courts provision.
This. matter having keen presented before-this Court,
and the Court having heard and considered argument of counsel, it
is hereby
ORDERED, ADJUDGED AND DECREED as follows:
1: The Florida Wrongful Death Statute may not be
construed to exclude Plaintiffs'-cause of action without violating