Doe v. NORTH OKALOOSA MEDICAL CENTER, INC.

• Decision Date: 08 January 2002
• Docket Number: No. 1D01-621.,1D01-621.
• Citation: 802 So.2d 1202
• Parties: John DOE, as surviving spouse and Personal Representative of the Estate of Jane Doe, and John Doe, individually, Appellants, v. NORTH OKALOOSA MEDICAL CENTER, INC., et al., Appellees.
• Court: Florida District Court of Appeals

802 So.2d 1202

John DOE, as surviving spouse and Personal Representative of the Estate of Jane Doe, and John Doe, individually, Appellants, v. NORTH OKALOOSA MEDICAL CENTER, INC., et al., Appellees.

No. 1D01-621.

District Court of Appeal of Florida, First District.

January 8, 2002.

Stanley Bruce Powell and David R. Swanick, III of Powell & Swanick, Niceville, for Appellant.

Pamela K. Frazier of Lozier, Thames & Frazier, P.A., Pensacola, for Appellees North Okaloosa Medical Center, Inc. and Mozelle Folmar.

James M. Wilson of Wilson, Harrell, Smith, Boles & Farrington, P.A., Pensacola, for Appellee S.R. Tresch.

PER CURIAM.

John Doe, as surviving spouse and personal representative of the Estate of Jane Doe, and John Doe, individually, appeal a final summary judgment entered in favor of appellees North Okaloosa Medical Center (NOMC) and Mozelle Folmar, and a dismissal with prejudice in favor of appellee S. Ray Tresch, in the Does' lawsuit seeking damages for battery, negligence, intentional infliction of emotional distress, fraud, and civil conspiracy.¹ The instant action was based upon Jane Doe's allegations that she was raped anally by a radiology technician employed by NOMC during an out-patient CT scan procedure at NOMC, and that a release executed by Jane Doe (now deceased), and John Doe, her husband, was fraudulently induced by NOMC, its risk manager, and its attorney. Appellant does not seek review of the summary judgment and dismissal granted as to counts III, IV and V. Accordingly, we affirm the rulings on counts III, IV and V, but we reverse the summary judgment and dismissal as to counts I, II and VI.

The party moving for summary judgment bears the heavy burden of proving a negative—the nonexistence of a genuine issue of material fact. "If the record reflects even the possibility of a material issue of fact, or if different inferences can be drawn reasonably from the facts, that doubt must be resolved against the moving party and summary judgment must be denied." Cox v. CSX Intermodal, Inc., 732 So.2d 1092, 1095 (Fla. 1st DCA 1999) (citations omitted). Here, when the facts and all reasonable inferences that might be drawn from them are viewed in a light most favorable to appellant, disputed issues of material fact exist concerning whether the release is a valid contract and binding on the Does. Specifically, disputed issues of fact exist concerning all of the factual issues raised by the Does' responses to the appellees' affirmative...