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STILLWELL v. THIGPEN

No. AN-124.

426 So.2d 1267 (1983)

Lester C. STILLWELL, As Personal Representative of the Estate of Ruth C. Stillwell, Deceased, Appellant, v. Jack B. THIGPEN, Jr., M.D., Individually, Freddie McRae, M.D., Individually, M. Funderburk, M.D., Individually, E.D. Staples, M.D., Individually, and Florida Physicians' Insurance Reciprocal, a Corporation, Appellees.

District Court of Appeal of Florida, First District.

February 14, 1983.

Attorney(s) appearing for the Case

C. Wayne Alford, T. Edward McClamma, of Sinoff & Alford, Jacksonville, for appellant.

James E. Cobb, Jack W. Shaw, Jr., Mary Bland Love, of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellees.

WENTWORTH, Judge.

Appellant seeks review of an order granting summary judgment in favor of appellees. In entering this order the trial court ruled that § 768.28(9)(a), Florida Statutes (1980), precludes appellant's medical negligence action. We conclude that the statute may not constitutionally be applied to this cause of action which accrued prior to the effective date of the statute, and we therefore reverse the...

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