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NARDONE v. REYNOLDS

No. 72-2264.

538 F.2d 1131 (1976)

Nicholas NARDONE, an infant, by his father and next friend, Nicholas H. Nardone, and Nicholas H. Nardone, Individually, Plaintiffs-Appellants, v. David H. REYNOLDS, Theodore Sarafoglu, Fredie P. Gargano and Metropolitan Dade County, a political subdivision of the State of Florida, Donald Sheffel, American Home Assurance Company, Hartford Accident and Indemnity Company, and Insurance Company of North America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 17, 1976.

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., Miami, Fla., for Reynolds and Hartford Ins. Co.

Frank A. Lane, Miami, Fla., for Ins. Co. of North America.

Steven R. Berger, Miami, Fla., for Sheffel.

Henry Burnett, Miami, Fla., for Gargano, American Home Assurance and Metropolitan Dade County.

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

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

JOHN R. BROWN, Chief Judge:

The Nardones filed this medical malpractice suit in May 1971, more than five years after Nicholas Nardone's treatment at and discharge from Jackson Memorial Hospital in Dade County, Florida. The District Court granted summary judgment for the several defendants1 on the basis that the claim was barred by the four-year statute of limitations applicable to Florida medical malpractice actions. FSA § 95.11(4...

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