COLLIER v. DADE COUNTY

No. 81-565.

417 So.2d 695 (1982)

Elizabeth COLLIER, Appellant, v. DADE COUNTY, Florida and William T. Mixson, Appellees.

District Court of Appeal of Florida, Third District.

As Amended on Denial of Rehearing August 18, 1982.


Attorney(s) appearing for the Case

Bartel, Shuford & Dubitsky and Mark Kamilar, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Henry Burnett, Carey, Dwyer, Cole, Selwood & Bernard and Michael C. Spring, Miami, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.


DANIEL S. PEARSON, Judge.

In 1956, Elizabeth Collier, a paying patient at Dade County-owned Kendall Hospital, underwent surgery. Twenty years later, she discovered that a hemostat had been left in her body during this surgery and, understandably, sued the County and the surgeon, Dr. Mixson. The trial judge entered summary judgment in favor of the defendants, holding that the defense of sovereign immunity was a bar to Collier's action against the County and Mixson...

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