475 So.2d 666 (Fla. 1985), 63805, Moore v. Morris

Docket Nº:63805.
Citation:475 So.2d 666, 10 Fla. L. Weekly 336
Opinion Judge:Author: Adkins
Party Name:Megan MOORE, et al., Petitioners, v. Chester MORRIS, et al., Respondents.
Attorney:Sams, Gerstein, Ward, Newman and Beckham, Miami, Florida; and Mark Hicks of Daniels and Hicks, Miami, Florida, Petitioners.
Case Date:June 27, 1985
Court:Supreme Court of Florida
 
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Page 666

475 So.2d 666 (Fla. 1985)

10 Fla. L. Weekly 336

Megan MOORE, et al., Petitioners,

v.

Chester MORRIS, et al., Respondents.

No. 63805.

Supreme Court of Florida.

June 27, 1985

Rehearing Denied Oct. 7, 1985.

Page 667

Sams, Gerstein, Ward, Newman and Beckham, and Mark Hicks of Daniels and Hicks, Miami, for petitioners.

Joe N. Unger of the Law Offices of Joe N. Unger, Miami, for Chester Morris, M.D., William J. Brewster, M.D. and North Shore Hosp.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham and Lane and Richard A. Sherman of the Law Offices of Richard A. Sherman, Fort Lauderdale, for Arthur Schatz, M.D.

ADKINS, Justice.

We have before us a petition to review a decision of the Third District Court of Appeal reported as Moore v. Morris, 429 So.2d 1209 (Fla. 3d DCA 1983). Conflict is alleged with decisions of this Court and other district courts of appeal. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

This is an appeal from the granting of a final summary judgment for the defendants in a medical malpractice action. We hold that summary judgment was inappropriate under the facts of this case and we quash the holding of the Third District Court of Appeal.

Megan Moore was born July 9, 1973. The instant action, seeking damages for injuries allegedly sustained at her birth, was filed by her parents Henry and Susan Moore in behalf of their daughter on April 25, 1978. The trial court granted summary judgment for the defendants, holding that the action was barred by the applicable statute of limitations. The Third District Court of Appeal affirmed. The court of appeal determined that the applicable statute of limitations is section 95.11(6), Florida Statutes (1973), and the applicable time to commence the action was within two years of the infant's birth. 429 So.2d at 1209 n. 1 (citations omitted).

This Court has held that the statute of limitations in a medical malpractice case does not begin to run until either "the plaintiff has notice of the negligent act giving rise to the cause of action or when the plaintiff has notice of the physical injury which is the consequence of the negligent act." Nardone v. Reynolds, 333 So.2d 25 (Fla.1976). Therefore, the issue to be determined by this case is when the Moores had notice or should have had notice of either the negligent act or of injury to Megan. However, our role as a reviewing Court is narrow. This case comes to us following the granting of a final summary judgment by the trial court and its affirmance by the district court of appeal. Our duty is to determine only whether the granting of the summary judgment was proper.

Page 668

Summary judgments should be cautiously granted in negligence and malpractice suits. Giallanza v. Sands, 316 So.2d 77 (Fla. 4th DCA 1975). The law is well settled in Florida that a party moving...

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