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DUNCAN v. FLYNN

Nos. 76-618, 76-858.

342 So.2d 123 (1977)

Morace C. DUNCAN, As Administrator of the Estate of John Norace Duncan, Deceased, Appellant, v. John D. FLYNN, M.D., et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 28, 1977.

Attorney(s) appearing for the Case

Wagner, Cunningham, Vaughan, May & Genders, Tampa, Robert Orseck of Podhurst, Orseck & Parks, and Susan Goldman, Miami, for appellant.

F. Ronald Fraley and John I. Van Voris of Shackleford, Farrior, Stallings & Evans, Tampa, for Flynn and Shelby Mutual Ins. Co.

T. Paine Kelly, Jr. and Claude H. Tison, Jr. of Macfarlane, Ferguson, Allison & Kelly, Tampa, for St. Joseph's Hospital and St. Paul Fire and Marine Ins. Co.

SCHEB, Judge.

Appellant, plaintiff below, is the father of a baby who died during the process of delivery. As administrator, he sued appellees/defendants physician, hospital, and their insurers, for the baby's alleged wrongful death. The trial court entered summary judgments in favor of all defendants. Plaintiff appeals. We affirm.

The significant legal issues presented are: (1) whether the baby was born alive whereby a cause of action accrued in favor of...

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