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GILL v. HARTFORD ACCIDENT & INDEM. COMPANY

No. 76-272.

337 So.2d 420 (1976)

Edward J. GILL et Ux., Appellants, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY et al., Appellees.

District Court of Appeal of Florida, Second District.

September 24, 1976.

Attorney(s) appearing for the Case

David T. Henniger, of Lloyd & Henniger, St. Petersburg, for appellants.

William Duane Wood, III, of Lyle, Skipper, Wood & Anderson, St. Petersburg, for appellees.

BOARDMAN, Judge.

In an action for damages brought by appellants/plaintiffs against appellees/defendants the theory for recovery was alleged in the third amended complaint as follows:

The Defendant, W.E. WALLACE, performed surgery upon a patient who occupied the same room with the Plaintiff, EDWARD J. GILL. The Defendant, W.E. WALLACE, knew, or should have known, that the infection that his patient had was highly...

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