HomeMy WebLinkAbout1486 ~4~9256
IN THB CIRCUIT COURT OF THB
NINETBENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIB COUNTY
FLORIDA.
LURRIS MOTT, as parent and Case No. 77-581-CA
Natural Guardian of
MARwN MoTT, i
Plaintiff ,
vs-
FORT PIERCB MEMORIAL HOSPITAL,
Defendant . .
FINAL SUl~IARY JUDGMENT
THIS CAUSE coming before the Court on Defendant FORT PIBRCB MEMORIAL
HOSPITAL'S Motion for Summary Judgment, and the Court having heard argument
of counsel and being otherwise fully advised in the premises, finds that
at all material times, the two-year statute of limitations established by
Section 95.I1(4)(b), Florida Statutes, was applicable to this action, that
the deposition testimony of Plaintiff, LURRIB MOTT, and that of Dr. Robert
H. Vinson conclusively establish that the minor, MARLON MOTT, had experienced
loss of a considerable amount of blood as a result of a wound and subsequent
infection in his left foot, that Plaintiff, LURRIE NOTT, being aware of the
occurrence of a -substantial change in the physical condition of her child,
MARLON MOTT, had requested that he be admitted to the Defendant HOSPITAL,
that such admission was denied and thereupon LURRIE MOTT, without .delay,
did transport the infant, MARLON MOTT, to the Indian River Memorial Hospital
in Vero Beach, Florida, where he was examined~in that Hospital's emergency
room and was immediately admitted to the service of Dr. Vinson for surgery
and blood transfusion and, therefore, in accordance with the. opinion of
the Florida Supreme Court in Nardone v. Reynolds, 333 So".2d S (Fla. 1976),
this cause of action is forever barred because it~was not filed within_
the two-year period following the occurrence upon which it is based and,
therefore, it is
ORDERED AND ADJUDGED that Final Summary Judgment be and hereby
is granted for the Defendant, FORT PIERCE MEMORIAL: HOSPITAL, and against
the Plaintiff, LURRIE MOTT, with costs of this action to be taxed against .
the Plaintiff on Motion of the Defendant.
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