HOFMANN v. BLACKMON

No. 69-473.

241 So.2d 752 (1970)

Holly Dale HOFMANN, a Minor, by and through Her Father and Next Friend, Wilbur Dale Hofmann and Wilbur Dale Hofmann, Individually, Appellants, v. Dorothy W. BLACKMON, As Executrix of the Estate of William P. Blackmon, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 29, 1970.


Attorney(s) appearing for the Case

Robert Orseck, of Pudhurst & Orseck, and Spence, Payne & Masington, Miami, for appellants.

James E. Tribble, of Blackwell Walker & Gray, Miami, for appellee.


STEWART, JAMES R., Jr., Associate Judge.

This is an appeal from a partial summary judgment entered on behalf of the defendant. The facts stated in a light most beneficial to the plaintiffs are:

(a) Plaintiff/father was examined, x-rayed and treated by a physician for some two years without the physician diagnosing his condition as tuberculosis.

(b) Plaintiff/minor child, a two year old girl, was found to have tuberculosis of the spine and required...

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