TUCKER v. LAVERNIA

Nos. 83-865, 83-940.

451 So.2d 972 (1984)

Warren Lee TUCKER, Appellant, v. Enrique LAVERNIA, M.D., Lavernia, P.A., Florida Patients Compensation Fund, Colonel Lee H. Tucker and Iris Tucker, His Wife, Appellees. Colonel Lee H. TUCKER and Iris Tucker, His Wife, Appellants, v. Enrique LAVERNIA, M.D., Lavernia, P.A., and Florida Patients Compensation Fund, Appellees.

District Court of Appeal of Florida, Fourth District.

June 13, 1984.


Attorney(s) appearing for the Case

Gary W. Roberts of Ricci & Roberts, P.A., West Palm Beach, and Janet W. Freeman, Palm Beach, for appellant, Warren Lee Tucker.

Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Hazouri & Roth, P.A., West Palm Beach, for appellants Colonel Lee H. Tucker, et ux.

Michael K. Davis of Rosenberg & Davis, Davie, for appellees Lavernia and Lavernia, P.A.


PER CURIAM.

This appeal questions the propriety of two summary judgments entered in favor of a defendant/doctor in two consolidated medical malpractice actions. The trial court predicated its rulings on the legal conclusion that the harm inflicted by the doctor's patient upon himself and his parents was unforeseeable. Additionally, the court found that the patient's acts were an active and efficient intervening cause of the parents' injuries. We reverse both summary...

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