NARDONE v. REYNOLDS

No. 72-2264.

508 F.2d 660 (1975)

Nicholas NARDONE, an infant, by his father and next friend, Nicholas H. Nardone, and Nicholas H. Nardone, Individually, Plaintiffs-Appellants, v. David H. REYNOLDS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 24, 1975.


Attorney(s) appearing for the Case

Abraham H. Shukat, Miami Beach, Fla., Alfred S. Julien, New York City, for plaintiffs-appellants.

S. O. Carson, John H. Wahl, Jr., Frank A. Lane, Miami, Fla., for Reynolds & Hartford Ins. Co.

Raymond J. Dwyer, Steven R. Berger, Miami, Fla., for Sheffel & Med. Protect.

Carl M. Lambert, Miami, Fla., for I.N.A.

Henry Burnett, Miami, Fla., for Gargano, American Home Ins. & Metropolitan Dade County.

John R. Hoehl, James E. Tribble, Miami, Fla., for Gargano.

Before BROWN, Chief Judge, and WISDOM and AINSWORTH, Circuit Judges.


BROWN, Chief Judge:

This is an appeal from the grant of summary judgment in favor of the Florida doctor-hospital defendants in a medical malpractice suit brought by the parents of a minor in their own right and as next friends on behalf of their minor son. The District Court, assuming for those purposes that each of the defendants had been guilty of actionable negligence, granted summary judgment on the basis that the claim was barred under the four-year Florida statute...

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