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PERKINS v. VARIETY CHILDREN'S HOSP.

No. 80-1671.

413 So.2d 760 (1982)

Thomas PERKINS, As Personal Representative of the Estate of Anthony Perkins, a Deceased Minor, Appellant, v. VARIETY CHILDREN's HOSPITAL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 18, 1982.

Attorney(s) appearing for the Case

Fazio, Dawson, Steinberg & DiSlavo and Marcia E. Levine, Fort Lauderdale, for appellant.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble, Miami, for appellee.

Before DANIEL S. PEARSON and FERGUSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

FERGUSON, Judge.

The main issue in this appeal is whether a judgment recovered by a child for personal injuries during his lifetime bars a subsequent wrongful death action by his personal representative where the death is caused by the same injuries. We reverse the trial court and hold that the prior judgment is no bar.

Plaintiff Thomas Perkins, as the personal representative of the estate of the deceased minor son Anthony Perkins, filed a wrongful death action...

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