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BENNETT v. RIGGS

No. 84-225.

456 So.2d 958 (1984)

Helen BENNETT, Appellant, v. Robert P. RIGGS, Appellee.

District Court of Appeal of Florida, Second District.

September 26, 1984.

Attorney(s) appearing for the Case

Max Rudmann of Martin Zevin, P.A., Boca Raton; and David L. Perkins of Linet, Rovenger, Perkins & Krakower, P.A., North Miami Beach, for appellant.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellee.

PER CURIAM.

In this medical malpractice action, we reverse the summary judgment rendered against plaintiff Helen Bennett.

Summary judgments are not favored in medical malpractice suits. McCoy v. Hoffmeister, 435 So.2d 989 (Fla. 5th DCA 1983). A party moving for summary judgment has the burden of proving the absence of factual issues. He must prove this conclusively and, through such proof, overcome all reasonable...

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